While on merits, the communication does make sense, on a practical level it means nothing since it is for the legislature to introduce such provisions, if so desired, for the CRPF by amendments in the Parliamentary Act, and the CRPF hierarchy can do nothing about it. Most other CAPFs already have the system of ‘Force Courts’.
The import of the communication by the Ministry hence is not fully comprehensible.
The CAPFs are basically central forces which are organised more or less on the lines of the military with concepts such as Sections, Platoons, Companies and Battalions. Most of the CAPFs fall under the purview of the Home Ministry.
Initially raised as the ‘Crown Representative Police’ on 27 July 1939, the ‘Central Reserve Police Force’ [or CRPF] of India was originally organized and trained on military lines and made self sufficient in all respects. The Crown Representative’s Police Force Law 1939 was made under the Foreign (Jurisdiction) Order, 1937 to provide for the constitution and regulation of the force. It was designed to operate in detachment under the overall superintendence and control of the Political agent. Owing to the prevailing political fervent in the Princely states of then British India, it was felt that a Crown Representative force should help maintain law and order. The force was not meant to replace or supplement the civil police, but was to undertake duties usually performed by the army when acting in aid to civil power.
ReplyDeleteThe CRPF: Consequently with the passing of CRPF Act, 1949, with retrospective effect from 15 August 1947; the Act made the CRPF, an ‘Armed Force’ of the Union.’ The CRPF Act and the system of trial are similar to military courts, applies only to persons up to the rank of inspector.
The officers of the ranks of assistant commandant and above (good number of them are deputed from the Indian Police Services as well as the Indian Army) are required to be dealt with under the Central Civil Services (Conduct) Rules, 1964; hence undue long time in finalization of disciplinary cases. Major Navdeep Sigh has rightly commented that the CRPF Act has to be amended by the Parliament, if the officers are required to be tried under the Act.
Wg Cdr U C Jha (Retd)