Updated: September 16, 2020 7:26:34 am
Uttar Pradesh’s Chief Minister, Yogi Adityanath, at Lok Bhawan in Lucknow. (Express photo: Vishal Srivastav)
Amid the controversy over the provisions of the Uttar Pradesh Special Security Force (UPSSF) allowing arrests “without a warrant” or “magistrate’s order”, the state government has stated that the force, which was notified on August 31, is not different from forces such as the CISF in the Center, or in states like Odisha or Maharashtra.
What are the provisions of the Uttar Pradesh Special Security Force Law, 2020; How do they compare to the Central Industrial Security Force Act of 1968 and the Maharashtra State Security Corporation Act of 2010?
What is the UPSSF?
The force was announced on June 26, 2020, after Chief Minister Yogi Adityanath called for the establishment of a CISF-like force to protect important institutions and individuals. The proposed force was anticipated to have “high-level professional skills,” which would reduce the burden on the Provincial Armed Police (PAC), which could then focus on law and order.
The new “vital installation force of the state” would protect courts, airports, banks, the Metro, industrial units, places of worship, as well as people, the government said. He claimed that Maharashtra and Odisha had similar forces.
On July 30, the state Cabinet approved the creation of a force of eight battalions, with five battalions made up of around 9,900 troops, to be raised in the first phase. A bill to create the force was approved in the Monsoon Session of the state Assembly.
The force was notified on August 31, and last week the state’s Director General of Police was given three months to ensure the force was on the ground.
The UPSSF will be led by an Additional Director General level officer, followed by an Inspector General, a Deputy Inspector General, a Commander and a Deputy Commander.
Why was such strength needed?
In accordance with the UPSSF Act, the force has been constituted to provide “better protection and security to a body or a person, or residential facilities” notified by the state government, and vital facilities including courts, “administrative offices, sanctuaries , Metro train, airports, banks, other financial institutions, industrial companies ”, etc.
The law states its purpose as “to maintain the solid and fluid security arrangements of vital establishments and notified persons, as in the Center and in other states, there is no special security force established in the state of Uttar Pradesh.
“The work to protect these places and people is being carried out by the police and the Pradesh Provincial Armed Police, who are not specially trained or qualified for this task.”
It has also cited an order from the High Court upon learning suo motu of the security situation at all court premises in Uttar Pradesh.
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So what is the controversy about?
Subsection (1) of Section 10 (“Power to arrest without a warrant”) of the UPSSF Act states: “Any member of the force may, without a Magistrate’s order and without a warrant, arrest any person who voluntarily causes harm … ”, OR a person against whom there is“ reasonable suspicion ”, or any person attempting to“ commit a recognizable crime ”.
The force will also have the right to remove intruders from the facilities under its protection.
However, the Act also says that the manner in which the powers under this section would be exercised would be “governed by the rules prescribed in this name.” The UP Police Director General was asked to prepare the road map within three days and to propose the corresponding regulations within 15 days.
Are there other laws that have a similar provision?
Section 10 of the UPSSF Act is similar to Section 11 of the CISF Act of 1968, which establishes the “Power to arrest without a warrant”. It says: “Any member of the Force may, without any order from a magistrate and without a court order, arrest (i) any person who willfully causes harm or willfully attempts to cause harm, or unduly restrains or unjustly attempts to restrain or assault, or use, or threaten or attempt to use criminal force on any employee ”, or any person against whom there is a“ reasonable suspicion ”, or any person who attempts to“ commit a recognizable crime ”.
Article 16 of the Maharashtra State Security Corporation Act 2010, under the “Power to arrest without warrant”, says: “The procedure and the power to arrest shall be exercised by the members of the security force according to the provisions of Chapter V of the Code of Criminal Procedure, 1973 ”.
Like the UPSSF Act and the CISF Act, the Maharashtra Act also requires that an arrested person be turned over to a police officer or the nearest police station.
Section 11 of the Odisha Industrial Security Force Act 2012 also defines the “Power to arrest without warrant”. It is similar to the CISF and UPSSF laws: “Any member of the Force may, without a magistrate’s order and without a court order… arrest a person who voluntarily causes harm, or against whom there is reasonable suspicion or who commits a recognizable crime. “
These laws also have similar provisions not only for making arrests, but also for “warrantless search.”
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Well, and are your ways that the UPSSF Act differs from the other laws?
The UP Law is similar to the others in the provisions regarding arrests and searches without a warrant, but it is different in the type of institutions that the force must protect and the protection afforded to members of the force.
The CISF and Odisha Industrial Security Force are designed to protect “industrial companies”; the Maharashtra State Security Corporation ensures “Offices, companies, establishments, institutions, Central Government and State employees of all these establishments, Public Sector Companies, Vital Facilities, Financial Institutions, Religious Institutions, Cultural Institutions, Medical Institutions or commercial establishments such as Shopping Centers, Multiplexes, Clubs and hotels, etc. “
The UPSSF has a broader mission: it will provide security not only to a body, but also to “a person” and to “residential premises”.
Maharashtra Law defines “Vital Facilities” as “establishments which, if damaged or sabotaged, affect the economy, security and protection of the country or state”, eg Bhabha Atomic Research Center, nuclear power plants, electrical networks, etc.
The UPSSF definition of “Facility”, by contrast, also includes “statue” and “monument.” The UP Law defines “Establishment” as public and private buildings.
What about the protection available to the force itself?
Sections 15 and 16 of the UPSSF Act of 2020 offer “protection of actions taken in good faith” and “knowledge of the crime”. It is a broad protection: no court may take cognizance of the crime committed against any member of the force without the prior authorization of the state government.
Furthermore, Section 15 of the Act states: “No lawsuit or prosecution shall be brought against any officer or member of the force or against any person acting under the order or direction of any officer or member of the force for anything that is done or is intended to be done in good faith ”.
Section 16 says: “No court will hear a crime against any member of the force” for the measures taken in the performance of their duties.
In the case of the CISF, if there is a pending “trial or process” against a member of the force, the latter has the opportunity to allege that their action was under the orders of a competent authority. Said allegation would have to be “proved by presenting the order that directs it.” Said judicial procedure must begin within three months after the commission of the act or the presentation of the complaint.
The Odisha Industrial Security Force Act of 2012 provides similar protection to that provided to members of the UPSSF. Under the Maharashtra State Security Corporation Act, no member or official “shall be liable for any criminal or civil action in any trial or proceeding for act performed in good faith in the performance of her duties.”
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