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HC orders reinstatement of 3 dismissed CRPF men

HC orders reinstatement of 3 dismissed CRPF men

Author: Abraham Thomas
Publication: The Pioneer
Date: February 2, 2006

[Note from Hindu Vivek Kendra: When such unfair dismissals take place, all those who allege that they speak for human rights are conspicuous by their silence. And they will not ask for any punitive action against those who order the dismissal of the CRPF personnel. All this in the name of secularism.]

Three CRPF personnel, who were dismissed from service for firing "indiscriminately" during an ambush involving militants in Jammu & Kashmir, have been ordered reinstatement by the Delhi High Court.

Noting that in such cases the personnel were to be lauded than punished, the court shot down the dismissal order by the Inspector General of Police (IGP) observing, "If such orders are sustained, our soldiers cannot be expected to guard the country in a fearless manner."

The Division Bench of Justices Mukul Mudgal and HR Malhotra were "shocked" to note how three constables posted with the 42nd Battalion of the Central Reserve Police Force (CRPF) in Srinagar were dismissed from service after being held guilty of "indiscriminate and excessive firing" at a militant group.

In January 1991, the three constables - KG Gopi, NK Chandi Prasad and Amrit Singh - were returning on their vehicles after collection of dak when the militants attacked all of a sudden, throwing bombs and firing heavily from their AK-47s.

The militants were targeting civilian population but excessive firing by the petitioners from their moving vehicles frustrated them, thereby averting loss of lives. The conduct of the petitioners came under cloud after a departmental inquiry was initiated against them to ascertain whether they had excessively fired at the militants. After counting the rounds of firing - 28, 29 and 35 rounds - the petitioners were imprisoned for 15 days and their increments were stopped for one year.

In stark contrast, a soldier who fired eight rounds was exonerated, as his response was found "commensurate with the provocation occasioned by the attack".

The trauma of the three constables, however, did not end here. On July 29, 1992, the IGP, Southern Sector, Hyderabad, suo motu enhanced the punishment and dismissed the three constables.

The Bench, while commenting on this decision, held, "One cannot in a situation of attack by militants loaded with bombs and AK-47s weigh on a golden scale the number of rounds required to deal with the situation."

Adding further they said, "In face of an attack by militants, undue importance given to the number of rounds fired by the petitioner makes the impugned order unconscionable and bordering on perversity."

Noting that the dismissal order was "harsh" and "totally uncalled for", the court commented, "THe order has not only ruined the career and livelihood of the petitioners, but also brought down their morale."

Stating that the order failed to take note of the fact that the petitioners had a clean track record of nine years of service, they said, "Such orders are likely to affect the confidence of the security forces and are likely to make their responses in a critical situation rather timid."

The court ordered reinstatement of all petitioners along with consequential benefits to be paid before March 15, 2006.


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