...... CIVIL LIBERTIES 23 4.4 As terrorism aims at the destabilisation of civil society and the unraveling of the state, it is essential that it be firmly resisted by both. The Commission would therefore like to reiterate its conviction that the police and armed forces of the country, backed by all elements of society, have a duty to fight and eliminate terrorism. However this must be done in a manner that upholds the Constitution of the Republic, the laws of the land, the rule of Law and the Treaty commitments of the State. Since its establishment in October. 1993, the Commission has consistently taken a position in harmony with this approach. 4.5 The Commission is convinced that a proper observance of human rights is not a hindrance to the promotion of peace and security. On the contrary any lasting peace and long term national security depend on proper respect for human rights. The anti-terrorism measures must therefore be consistent with democracy and human rights, which are fundamental values of our society, and should not undermine them, even inadvertently. Further, the nature and manner of implementation of such measures must be fully consistent with the purpose, regardless of whether the measures call for greater vigilance in surveillance, the prosecution of terrorist acts under the law of land, or the use of force by the police or armed forces of the country to control or destroy terrorists. 4.6 Anti-terrorist measures must be, and be seen to be, directed only against terrorists and not against innocent civilian populations. Finally, the Rule of Law must be upheld, and the parameters within which the State must function as described above must be strictly respected. 4.7 It is for these reasons that the Commission continued to remind the agencies of the State that they must act in conformity with the Constitution, the laws of the land, and the treaty obligations of the country. The Commission also continued to draw the attention of the Armed Forces to the need to observe the guidelines laid down by the Supreme Court in respect of the Armed Forces (Special Powers) Act, 1958, and to the implications and the meaning of the provisions and principles laid down in the Indian Penal Code in respect of certain situations in which the use of force can extend even to causing of death. 4.8 In response to the Commission’s recommendations, the BSF and the Army have both continued to keep the Commission informed, on a regular basis, of their personnel who since 1990 have been charged with violating human rights. In the course of year under review, the Army for its part informed the Commission that they registered 30 complaints against the army personnel with regard to violation of human rights and so far two complaints were investigated and 14 complaints were still under investigation. Army has also taken cognizance of 4 complaints, suo motu as well as on the basis of complaints received from other sources, of which one case was found to be true and punishment of dismissal from service on 2.12.2003 was awarded to No. 1562976L (Opr) Rajesh Sing Yadav for attempt to molest a ANNUAL REPORT 2003-04