 bill no xi of  2011 the armed forces (special powers) amendment bill, 2011 a billfurther to amend the armed forces (special powers) act, 1958 and the armed forces(jammu and kashmir) special powers act, 1990be it enacted by parliament in the sixty-second year of  the republic of india as follows:—1 (1) this act may be called the armed forces (special powers) act, 2011(2) it shall come into force at onceshort title, and commencement       52 for section 6 of the armed forces  (special powers) act, 1958, the following sectionshall be substituted, namely:—substitution of new section for section 6"6 no prosecution, suit or other legal proceedings shall be instituted againstany person in respect of anything done or purported to be done in exercise of the powers conferred by this act where the central government provides reasons in writing and the competent court upholds the legal validity of these reasons"     103 for section 7 of the armed forces (jammu and kashmir) special powers act, 1990,the following section shall be substituted, namely:—substitution of new section for section 7     15"7 no prosecution, suit or other legal proceedings shall be instituted againstany person in respect of anything done or purported to be done in exercise of the powers conferred by this act where the central government provides reasons in writing and the competent court upholds the legal validity of these reasons" statement of objects and reasonsthe armed forces special powers act (afspa) was enacted in the year 1958 it comes into operation when the central government declares a particular part of the northeastern states a "disturbed area" within that area, an officer of the armed forces has the power to 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 in 1990, the same law was extended to the state of jammu and kashmir by a separate enactmentover the years afspa has been in operation, the army has resorted to firing a number of times and killed many people so long as the persons killed have been armed insurgents or terrorists, there have been no complaints against the provisions of the act however, when innocent persons—especially unarmed civilians—are killed, the act came under severe criticism the protests in manipur in 2004 in view of the custodial deaths was a gruesome incident of such nature in kashmir, sentiments against the armed forces act got inflamed because of fake encounter incidents like pathribal and machhilsection 6 of the armed forces special powers act, 1958 and section 7 in  armed forces special powers (jammu and kashmir) act, 1990 says "no prosecution suits or other legal proceedings 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" this requirement confers de facto impunity on all personnel of armed forces violating the act the central bureau of investigation had indicted army officers for the murder of innocent civilians at pathribal in 2000 but their trial could not take place because the central government refused to give sanction for prosecution so much so, under the said provision the government even do not have to give any reasons for denying the permission for prosecution the logic behind this simple section, as in many other indian laws, is to protect public servants from frivolous or vexatious law suits the apex court of the country has often declared that the object of such protection is not to set an official above the common law if he commits an offence not connected with his official duty, he has no such protection a government which has faith in the actions of its officers and the fairness of its judicial system  should not shy away from allowing the courts to step in when doubts arise and yet, in case after case, legal proceedings could not take place against erring officials for want of permissionit is, therefore, long over that this provision should be amended by providing that while denying the permission for prosecution, the central government must give reasons in writing and the competent court upholds the legal validity of these reasons such a provision would prevent good officers from being prosecuted for killings which result from acts of good faith while allowing the bad apples to be prosecuted for their crimeshence this billmahendra mohan annexure extracts from the armed forces (special powers) act, 1958 (28 of 1958)protection to persons acting under act6 no prosecution, suit or other legal proceedings 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 annexure extracts from the armed forces (jammu and kashmir) special powers act, 1990 (21 of 1990)7 no prosecution, suit or other legal proceedings 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 actprotection of persons acting in good faith under this act———— a billfurther to amend the armed forces (special powers) act, 1958 and the armed forces(jammu and kashmir) special powers act, 1990————gmgipmrnd—974rs(s3)—05-08-2011