Personnel of all forces will be getting arrest protection in Jammu and Kashmir as well as in Ladakh. Ministry of Home Affairs has taken the decision in consultations with the Union Ministry of Law and Justice (MoL&J) and the government of Jammu and Kashmir.
Sources said that no new power has been given to any force, but a section of Code of Criminal Procedure (CrPC) has been extended to all forces deployed in J&K and Ladakh rather.
Senior government officials also said that case can be registered against them but arrest would require more legal process now when they are on duty. Earlier it was only for Armed forces, it will now be applicable for all forces deployed in Jammu & Kashmir and Ladakh, a senior official said.
According to a communication from CRPF, Ministry of Home Affairs (MHA) in consultation with government of Jammu and Kashmir (Department of Law, Justice and Parliamentary Affairs) and MoL&J (GoI) has made the proposal and accorded approval to extend the protection given under Section 45 of CrPC, 1973 to all force personnel deployed in union territories of J&K and Ladakh.
Till three years ago, ‘Ranbir Penal Code 1989’ was in force in Jammu and Kashmir, because of which, under Section 45 of the CrPC, 1973, members of the Armed Forces were not protected from arrest.
“Earlier it was not applicable to State of J&K as Ranbir Penal Code, 1989 was applicable there. After repeal of Article-370 of Constitution of India, a proposal was moved by Law Dte to MHA for issuing instruction on applicability of Section 45 of CrPC, 1973 to the troops deployed in J&K as well,” the letter says.
According to an official communication, protection against arrest to the Armed Force Personnel was given in Section 45 of Code of Criminal Procedure (CrPC), 1973.
The provision contained under Section 45 of CrPC, 1973 (Protection of members of the Armed Forces from arrest) says, “Notwithstanding anything contained in Section 41 to 44 (both Inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.”
Further, the letter says: “The state government may, by notification, direct that the provisions of sub section (1) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and there upon the provisions of that sub-section shall apply as if for the* expression “Central Government” occurring therein, the expression ‘State Government” were substituted”.”
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