Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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AFSPA Vs NATURAL JUSTICE:

(Querist) 08 September 2008 This query is : Resolved 
According to Bible, even God gave Adam and Eve an opportunity of hearing before they were driven out from the Garden of Eden.But the Armed forces special power act gave a blanket power to the soldiers to shoot to kill on suspicion, which destroy all the norms of criminal justice system of India. The Armed Forces Special Power Act of 1958, is violative of Natural Justice and also Unconstitutional as violative of Article 21 of the Constitution of India. Please share your views and opinions.

Dear Kotrech Sir, do you mean to say that, simply its 50 years old it is justified?
Guest (Expert) 08 September 2008
You cannot allege a 50 year old legislation as ultra vires the Constitution. There will be several inbuilt cheks and barriers to prevent any misuse of the said provision. Therefore in my opinion it cannot be unconstitutional.
Murali Krishna (Expert) 08 September 2008
Dear Assumi, simply saying that an Act or action is unconstitutional is not sufficient. PNJ has no straight jacket formula and it has its limitations.

Article 21 states that no person shall be deprived of personal liberty and freedom except by procedure established by law. What do you mean by procedure established by law? Do you mean that the AFSPA is not as per the procedure established by law?
Rajesh Kumar (Expert) 09 September 2008
Assumi is right. I have read the provisions of the Act and it is a blot on democratic ethos of this country.
SC said in Maneka Gandhi that "law is not any enacted piece of legislation", what article 21 conemplates a reasonable law.
In fact, AFSPA is more draconian than Rawlatt Act of 1918 or Defence of India Rules of 1942. Even in war times, a foreign british government didnt enacted such laws, as being enacted by present democratically elected legislatures.
Do let us know more about the law assumi- people should know under what laws we are living.


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