AFSPA extended in Nagaland for another 6 months by Home Ministry

The Ministry of Home Affairs has on Monday, decided to extend the Armed Forces (Special Powers) Act, 1958 in Nagaland for a further period of six months. A notification was issued on Monday evening and which stated that the extension was effective immediately.

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'Entire state disturbed'

The notification stated that the 'entire state' is disturbed and in a dangerous condition, with the use of armed force to aid civil power is necessary.

The State has been under the rule for six decades now and the Act has not been removed even though a framework was signed between National Socialist Council of Nagaland (Isak Muivah) General Secretary Thuingaleng Muivah and government interlocutor R.N. Ravi in the presence of Prime Minister Narendra Modi. 

As per the Act, if the relevant authorities feel that "the whole or any part of such State or Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area."

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The Act allows the armed forces to use whatever means deemed necessary to maintain public order. It states, "if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against 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."

Under the Act, the persons prosecuted cannot file any case against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act. 

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