Vivek Chadha replies: The Armed Forces (Special Powers) Act or the AFSPA is imposed in areas where armed forces are required to operate in aid to civil authorities. However, for AFSPA to become valid, an area needs to be declared disturbed either by the central or the state government. This is because under the Criminal Procedure Code (CrPC), the army does not have the mandate to carry out operations and the powers to arrest, search premises, etc., are only with the police.
Macchil Verdict: Reading Between the Lines
The incident raises important issues. First, the role of honours and awards in such crimes, second, the impact of punishment on the morale of troops who undertake a challenging responsibility and last, its impact on the population of the disturbed area at large.