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16. It is stated that AFSPA was withdrawn from the Imphal Municipal Area in August 2004[4] illustrating that the appropriate government has been periodically reviewing the security situation in the “disturbed area” and wherever necessary, the application of AFSPA has been withdrawn.

17. With reference to the allegation that in view of Section 4(a) of the AFSPA a person can be killed without any reason by the armed forces, this is categorically denied by stating that there are several safeguards and pre-requisite conditions that need to be fulfilled under AFSPA before a person might be killed by the armed forces. These safeguards and pre- requisite conditions have been mentioned in the affidavit and it is concluded that it is absolutely wrong to suggest that the armed forces personnel can kill any person without any reason, as alleged. The pre- conditions, inter alia, are:

21. With regard to the amendments to the AFSPA it is stated that the Justice Jeevan Reddy Committee was set up by the Government of India in 2004 and it submitted a report on 6th June, 2005 recommending the repeal of AFSPA and suggesting amendments to the Unlawful Activities (Prevention) Act, 1967 (for short ‘the UAPA’) to achieve the purpose of AFSPA. However, the Cabinet Committee on Security has not approved the proposal and a final decision has not yet been taken by the Cabinet and the exercise of amending the AFSPA is under consideration of the Government of India.

(i) The Armed Forces (Special Powers) Act, 1958

93. The Armed Forces (Special Powers) Act, 1958 (hereinafter ‘the AFSPA’) was originally enacted as the Armed Forces (Assam and Manipur) Special Powers Act, 1958. It was initially extended to the State of Assam and the Union Territory of Manipur. Since then the entire Union Territory of Manipur (and subsequently the entire State of Manipur) has been declared a disturbed area in terms of Section 3 of the AFSPA.[26] In other words, Manipur has been a disturbed area for about sixty years! A declaration that the State of Manipur is a disturbed area can be made by the Governor of Manipur or the Central Government if either is of opinion that the State of Manipur or a part thereof “is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary”. The declaration under Section 3 of the AFSPA is made through a notification published in the Official Gazette. As mentioned above, Manipur has been a disturbed area since 1958 as a result of declarations issued under Section 3 of the AFSPA from time to time. However, the Imphal Municipal Area ceased to be a ‘disturbed area’ from 12th August, 2004.

94. The postulates for a declaration under Section 3 of the AFSPA are that a public order situation exists and that the assistance of the armed forces of the Union is required in aid of the civil power. In such a situation, the AFSPA enables the armed forces of the Union to exercise vast powers.

95. One of the vast powers exercisable by the armed forces of the Union in a disturbed area is in terms of Section 4(a) of the AFSPA. The power so exercisable includes the use of force even to the extent of causing the death of “any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances”.[27]