NAGA PEOPLE'S MOVEMENT OF HUMAN RIGHTS ETC. versus UNION OF INDIA

Citation: [1997] SUPP. 5 S.C.R. 469 · Decided: 27-11-1997 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Disposed off
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Judgment (excerpt)

NAGA PEOPLE'S MOVEMENT OF HUMAN RIGHTS ETC. 
A 
v. 
UNION OF INDIA 
NOVEMBER 27, I997 
[J.S. VERMA, CJ., M.M. PUNCHHI, S.C. AGRAWAL, 
DR. A.S. ANAND AND S.P. BHARUCHA, JJ.] 
The Armed Forces (Special Powers) Act, 1958, read with Constitution 
B 
of India Article 254, Union List, entries I, 2, 2A--Constitutional validity of- C 
Whether Parliament lacked legislative competence to make Act in respect of 
maintenance of public order-Held, is an Act providing for deployment of. 
armed forces in aid of civil power; not ultra vires legislative power of 
Parliament. 
The Armed Forces (Special Powers) Act, 1958, read with Constitution D 
of India, Articles 352 and 355-Whether the Act intended to achieve same 
result as Proclamation of Emergency or imposition of President's Rule-Held, 
no Act, neither co/ourable legislation nor fraud on Constitution-Doctrine 
of colourable legislation-Doctrine of pith and substance. 
The Armed Forces (Special Powers) Act, 1958, s.3 read with E 
Constitution of India Article 14-Power to declare disturbed area for limited 
duration-Whether arbitrary-Held, no; there should be periodic review of 
declaration before expiry of six months. 
TheArmed Forces (Special Powers) Act, 1958, s.3-Whether conferment 
on Governor of power to make declaration delegation of is power of Central F 
Government-Held, no; conferment of power not violative of federal scheme. 
The Armed Forces (Special Powers) Act, 1958, s.4(a) to (d) read with 
Constitution of India, Articles 14, 19 and 21-Power conferred on officers 
of armed forces to open fire, make arrests and seize arms-Whether arbitrary 
and unreasonable-Held, no; provisions of Cr. P.C. and do's and don'ts to G 
be followed-Code of Criminal Procedure 1973, Ss.41,45-Constitution of 
India, Articles 22 (I) and (2). 
The Armed Forces (Special Powers) Act, 1958, s.6 read with 
Constitution of India, Article 14-Discretion of Central Government to grant H 
469 
470 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A or refuse sanction for prosecuting person exercising power under the Act-
Whether suffers from vice of arbitrariness-Held, no; order of Central 
Government to give reasons and subject to judicial review-Code of Criminal 
Procedure 1973, s.197. 
Words and phrases-Constitution of India, Article 348, List I Entry 
B 2A-Expression "in aid of civil power "-Held, implies that deployment of 
armed forces of the Union shall be for enabling civil power in State to deal 
with public order; word 'aid' postulates continued existence of authority to 
be aided-The Armed Forces (Special Powers) Act, 1958. 
c 
D 
E 
F 
Assam Disturbed Areas Act, 1955, read with Constitution of India 
Article 248, list II Entry I-Legislative competence of State Legislature-
Whether Act repugnant to provisions of Cr. P.C. and Arms Act-Held, no;. 
State Act in pith and substance a law in respect of maintenance of public 
order enacted in exercise of power under Entry I List JI-Doctrine of pith 
and substance-Arms Act, 1950 and Code of Criminal Procedure, 1973. 
Assam Disturbed Areas Act 1955, Ss. 4 & 5 read with Constitution of 
India Article 248, list ff Entry I-High Court striking down provision 
conferring powers of arrest and seizure on officers of Assam Rifles-Held, 
provisions unconstitutional; Assam Rifles were part of armed forces of Union 
and State Legislature not competent to enact law in relation to them. 
The Armed Forces (Special Powers) Act, 1958 '(Central Act)' was 
enacted in 1958 to enable certain special powers to be conferred upon the 
Armed Forces in the 'disturbed areas' in Assam and Manipur. By Act 7 of 
1972 and Act 69of1986 the Central Act was amended and extended to the 
whole of the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, 
Mizoram, Nagaland and Tripura. S.3 provided for issuance of a notification, 
by either the Governor of the State or the Central Government, dedaring the 
whole or any part of the State or Union Territory to which the Central Act 
was applicable to be a disturbed area. S.4 gave officers of the armed forces 
the power5 of firing upon or using force that would cause death, against any 
G person acting in contravention of any law in the disturbed area. They were 
also empowered to make arrests, searches and seizures. S.6 protected any 
person exercising the powers under the Act from prosecution except with the 
previous sanction of the Central Government. 
The Assam Disturbed Areas Act, 1955 '(State Act)' was enacted to 
H make better prov
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