Writ challenging provisions of CRPF Act, RPF Act and PAC Act
I have filed two separate Writ Petitions, one as regards certain sections of the Central Reserve Police Force Act and Railway Protection Force Act and other for the Provincial Armed Constabulary Act.
The Writ Petitions say that various provisions in these Acts related with criminal offences are discriminatory in nature and hence they shall be declared ultra vires.
In the petition I have said that all these forces are modeled on the Indian Army. In the Army Act 1950 every person enrolled in the Indian Army is treated equal as regards the criminal liabilities of his acts and omissions. Similarly laws related with other Paramilitary forces like Border Security Force (BSF), Indo Tibetan Border Police (ITBP) and Seema Suraksha Bal (SSB) also treat all personnel equal regarding their criminal liability.
But the CRPF Act, RPFAct and PAC Act treat the superior officers differently from the subordinate personnel. In these forces, while the subordinate personnel are criminally liable for various acts
including absence from duty, ill-treating their subordinates, misbehaving/assaulting their superiors, the senior officers have not been held liable for such acts.
Do u agree to what I say here?
Amitabh Thakur
Lucknow
# 094155-34526
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