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.