The debate on who will have the final word on lifting the controversial Armed Forces Special Powers Act from some areas of Jammu and Kashmir intensified with the Union Law Ministry saying the Governor can overrule the recommendation of the State government.
The Law Ministry has informed the Centre that Governor N.N. Vohra enjoys the power to overrule any decision of the Omar Abdullah government for revoking the AFSPA in the State.
The Law Ministry’s stand is based on the legal opinion given by Attorney-General Ghulam Vahanvati in which he is understood to have said that Governor can exercise discretion according to Section 3 of the AFSPA and that he is “entitled” to keep in mind the will of Parliament.
Official sources said on Wednesday that the opinion of the Law Ministry on November 18 came after the Union Home Ministry was not satisfied with its earlier opinion which is believed to have stated that the Governor has to act on the advice of the Council of Ministers.
The Home Ministry is learnt to have asked the Law Ministry to seek a fresh opinion from the top law officer of the government.
Both the opinions are based on the interpretation of the provisions of the AFSPA, the sources said.
The partial lifting of AFSPA in J&K is at the centre of a raging debate with Mr. Abdullah pressing for it while the Army has voiced serious reservations.
Mr. Abdullah has argued that his Ministers were “authorised to make a recommendations to the Governor who then acts on the basis of that recommendation”.
According to Mr. Abdullah, he had the authority to withdraw the law from the State.
Giving another dimension on who can take the final call, Defence minister A.K. Antony recently said a decision on revoking AFSPA can be taken only by the Unified Command Headquarters in J&K. Mr. Abdullah chairs the Unified Command.
“The CCS last year decided to leave it to the Unified Command to take a decision on partial withdrawal of AFSPA in Jammu and Kashmir,” Mr. Antony had said.
