INTRODUCTION
Violence became the way of life in north-eastern States of India. State
administration became incapable to maintain its internal disturbance. Armed
Forces (Assam and Manipur) Special Powers Ordinance was promulgated by the
President on 22nd May of 1958. In which some special powers have been given
to the members of the armed forces in disturbed areas in the State of Assam
and Union Territory of Manipur. Later the Ordinance was replaced by the
armed Forces Special Powers Bill.
STATEMENT OF OBJECTS AND REASONS
An ordinance entitled the Armed forces (Assam and Manipur) Special
Powers Ordinance, 1958, was promulgated by the President on the 22nd May,
1958. Section 3 of the Ordinance powers the Governor of Assam and the Chief
Commissioner of Manipur to declare the whole or any part of Assam or the
Union territory of Manipur, as the case may be, to be a disturbed area. On
such a declaration being made in the Official Gazette, any Commissioned
Officer, Warrant Officer, non-commissioned officer or any other person of
equivalent rank in the armed forces may exercise, in the disturbed area, the
powers conferred by section 4 and 5 of the Ordinance. The Bill seeks to
replace the Ordinance –See Gazette of India, 11-8-1958, Pt. II-Sec. 2, Ext.
p.714 (No.26).
ACT 28 OF 1958
The Armed Forces (Special Powers) Bill was passed by both the Houses of
Parliament and it received the assent of the President on 11th September,
1958. It came on the Statute Book as THE ARMED FORCES (SPECIAL POWERS)
ACT, 1958 (28 of 1958).
LIST OF AMENDING ACTS
1. The State of Mizoram Act, 1986 (34 of 1986).
2. The State of Arunachal Pradesh Act, 1986 (69 of 1986).
3. The Armed Forces (Assam and Manipur) Special Powers (Amendment)
Act, 1972 (7 of 1972).
4. The Armed Forces Special Powers (Extension to Union Territory of
Tripura) Act, 1970.
5. The Repealing and Amending Act, 1960 (58 of 1960).
THE ARMED FORCES (SPECIAL POWERS) ACT, 1958
(28 of 1958)
[11th September, 1958]
An Act to enable certain special powers to be conferred upon members
of the armed forces in disturbed areas in the State of *[Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].
Be it enacted by Parliament in Ninth Year of the republic of India as
follows:-
1. Short title and extent – (1) This act may be called **[The armed Forces
(Special Powers) Act, 1958].
***[(2)] It extends to the whole of the State of ****[Arunachal
Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and
Tripura].
2. Definitions: In this Act, unless the context otherwise requires-
(a) “armed forces’ means the military forces and the air forces operating
as land forces, and includes other armed forces of the Union so
operating;
(b) ‘disturbed area’ means an area which is for the time being declared
by notification under section 3 to be a disturbed area’;
(c) all other words and expressions used herein, but not defined and
defined in the Air Force Act, 1950 (45 of 1950), or the army Act, 1950
(46 of 1950) shall have the meanings respectively to them in those
Acts.
3. Powers to declare areas to be disturbed areas – If, in relation to any state
or Union Territory to which this act extends, the Governor of that State or the
administrator of that Union Territory or the Central Government, in either
case, if of the opinion that the whole or any part of such State of 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].
*Subs. By Act 69 of 1986,sec.43 for “Assam, Manipur, Megahalya, Mizoram,Nagaland and Tripura and the Union territory of Arunachal Pradesh” (w.e.f.20.2.1987.)**Subs by Act 7 of 1973, sec. 3 for ‘the armed forces (Assam and Manipur)special Powers Act, 1958” (w.e.f 5.4.1972).***Subs by Act 7 of 1972, sec. 4 (w.e.f 5.4.1972).*****Subs by Act.69 of 1986,sec. 43 for ‘Assam, Manipur, Meghalaya, Mizoram,Nagaland and Tripura and the Union Territory of Arunachal Pradesh’(w.e.f20.2.1987).Sec 5] The Armed Forces (Special Powers) Act, 1958. COMMENTS
(i) The Governor is empowered to declare any area of the State as
“disturbed area’. It could not be arbitrary on ground of absence
of legislative guidelines; Inderjit Barua v.State of Assam, AIR 1983
Del. 514.
(ii) Section 3 cannot be construed as conferring a power to issue a
declaration without any time limit. There should be periodic
review of the declaration before the expiry of six months; Naga
People’s Movement of Human Rights v. Union of India, AIR 1998
SC 431.
4. Special Powers of the armed forces – Any commissioned officer, warrant
officer, non-commissioned officer or any other person of equivalent rank in the
armed forces may, in a disturbed area,-
(a) 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
move persons or the carrying of weapons or of things capable
of being used as weapons or of fire-arms, ammunition or
explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy any
arms dump, prepared or fortified position or shelter from
which armed attacks are made or are likely to be made or are
attempted to be made, or any structure used as a training
camp for armed volunteers or utilized as a hide-out by armed
gangs or absconders wanted for any offence;
(c) arrest, without warrant, any person who has committed a
cognizable offence or against whom a reasonable suspicion
exists that he has committed or is about to commit a
cognizable offence and may use such force as may be
necessary to effect the arrest;
(d) enter and search without warrant any premises to make any
such arrest as aforesaid or to recover any person believed to
be wrongfully restrained or confined or any property
reasonably suspected to be stolen property or any arms,
ammunition or explosive substances believed to be unlawfully
kept in such premises, and may for that purpose use such
force as may be necessary.
COMMENTS
(i) Conferment of power on non-commissioned officers like a Havaldar
cannot be said to be bad and unjustified : Inderjit Barua v .State of
Assam, AIR, 1983 Del 514.
(ii) The armed forces must act in cooperation with the district
administration and not as an Independent body. Armed Forces could
work in harmony when they deployed in disturbed area: Luithukia
v.Rishang Keishing, (1988) 2 Gau LR 159.
5. Arrested persons to be made over to the police –Any person arrested and
taken into custody under this Act shall be made over to the officer in charge of
the nearest police station with the least possible delay, together with a report
of the circumstances occasioning the arrest.
In case of arrest of any person, army authority is duty bound to handover
to the officer-in-charge of the nearest police station with least possible delay:
Horendi Gogoi v. Union of India, (1991) Gau CR 3081.
6. Protection to persons acting under Act – No prosecution, suit or other legal
proceeding shall be instituted, except with the previous sanction of the Central
Government, against any person in respect of anything done or purported to be
done in exercise of the powers conferred by this Act.
7. Repeal and Saving - [Repealed by Amending and Repealing Act, 1960 (58 of
1960),First Schedule, sec.2 (26.12.1960].
