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News of Jan
2 2007
Army to Try Errant Officers, Soldiers: Police
Kolkata,
Jan 2
Amid a raging debate on who would proceed against
officers and soldiers accused of molesting women and vandalizing a
police station here, the Kolkata police conceded Tuesday this would
be the responsibility of the Indian Army.
This marks a climb-down from the police's earlier demand for custody
of the 22 army personnel, including four officers, involved in the
two incidents early on New Year's day. However, Kolkata police chief
Prasun Mukherjee maintained the entire group should first appear in
a civil court, which would then order the army authorities to try
them.
"We have handed over the case to our detective department for
inquiry but finally the case would go to the army to be tried under
the Army Act," Mukherjee said at a press conference here, even as a
debate raged on whether the police had the right to keep army men in
their custody.
A concerned Prime Minister's Office (PMO) also sought details about
the incident from the army.
"We will send a requisition to the army to produce them before the
police. Then it will go back to the army but as per the court
direction," Mukherjee added.
According to Mukherjee, "only in cases of murder or rape can an army
official can be kept in police custody. In other cases, the police,
at some stage, have to hand over the accused to the army to be tried
as per its norms," he added.
"But, according to our procedure, the detective department would
investigate and take statements of witnesses. This will eventually
help the army in its investigations. The detective department would
do its work without any partiality or rancor," Mukherjee maintained.
Police have filed two cases against the army personnel in the chief
metropolitan magistrate's court here.
New Year celebrations in this metropolis turned ugly when 20 armed
army personnel, including two officers, barged into the Park Street
police station early Monday and assaulted policemen as they freed
two officers arrested earlier on charges of molestation in the
nearby Park Hotel.
The army men freed a major and a captain arrested on molestation
charges and ransacked the police station. Nine others in the lock-up
also escaped in the melee.
The West Bengal government Tuesday sent a report to the defence
ministry in New Delhi about the incident.
"We are taking up the incident with the defence ministry. The law
should take its own course. We should also appreciate the action
taken by the army. I must say with all fairness that the army seems
to be acting much faster," Home Secretary Prasad Ranjan Roy said
here.
West Bengal Chief Secretary Amit Kiran Deb described the incident as
isolated but unfortunate.
"We have written to the defence ministry so that they cooperate with
us in the proceedings of the case," Deb maintained.
Army,
Kolkata Police Debate Legal Rights After Vandalism
Can police arrest an army officer on charges of attempted
molestation? That was the raging question Tuesday, a day after army
personnel vandalized a city police station in their bid to free two
colleagues arrested for misbehaving with a woman.
As the police top brass and defence personnel debated their legal
rights over the incident, West Bengal Home Secretary Prasad Ranjan
Roy was reportedly set to send a report to the central government
after the Prime Minister's Office (PMO) sought details, media
reports said.
A defence ministry spokesperson told IANS that a probe by a
three-member team headed by a colonel would be conducted very fast.
"We will finish the probe at the earliest," he said.
The army maintains that defence personnel can be arrested only in
three circumstances by police.
Civil police can only detain an army officer on 'active service',
defence sources said. Once an officer identifies himself at the
police station, the head of his commanding unit should be informed
and the officer should be kept in custody till the military police
arrives.
"An army man can be arrested only when he is booked for murder,
culpable homicide or rape," said Wing Commander R.K. Das, defence
ministry spokesperson.
However, police are of the view that the Indian Penal Code does not
say an army officer cannot be arrested if he has committed a crime.
According to criminal lawyer Joymalya Bagchi, police were well
within their rights to arrest the men and keep them in custody, but
an official on duty or in course of discharging duty cannot be
arrested.
"Misbehaving with women, engaging in drunken brawl or getting drunk
is not discharging of duty as assigned to them after all," he said.
"I shall see this through to the end," Police Commissioner Prasun
Mukherjee said determinedly.
It was early morning on Jan 1 when armed army personnel barged into
the Park Street police station and assaulted policemen there while
freeing two officers arrested earlier on charges of misbehaving with
a woman in Park Hotel.
"I have never heard or seen anything of this sort in my entire
career. Men in uniform were manning the Park Street area. We were
stretched because of the duty and there were only a handful of
officers and constables present inside the police station. What can
our personnel do when pitted against heavily armed army men and
officers?" said Kuldeep Singh, joint commissioner of police.
A probe team headed by Col. M.C. Baruah is conducting a court of
inquiry into the incident. Though the army has sort of admitted
misconduct, Baruah refused to comment on the probe saying, "it (the
probe) is on".
The two officers held for misbehaving with a woman are Major Chandra
Pratap Singh and Captain Mahesh. They belong to the 3rd Madras
Regiment, stationed in Salt Lake. Reports said the unit had returned
from a high-stress tenure, manning Siachen and then battling
militants in Kashmir, just six months ago.
The army raid to free the colleagues was led by Lt. Col. Pratap
Singh, an officer who sports the army chief's citation on his breast
pocket and has two bars to show on his medal-ribbons. He was in army
fatigues and was accompanied by a Major Kavi in plain clothes,
police said.
"Armed with SLRs, about 20 army personnel in uniform, including Lt.
Col. Pratap Singh and Major Kavi, came in three vehicles - two
Gypsys and a Mahindra - and barged into the Park Street police
station and beat up at least 11 cops," said Deputy Commissioner of
Police Ajay Kumar.
In New Delhi, the Indian Army said it had taken "serious note of the
incident".
"We are getting complete details of the two incidents as to who was
involved in what manner. There is no question of sparing anyone. We
will take whatever action is required after receiving the report of
the court of inquiry," Indian Army spokesperson Col. S.K. Sakhuja
told IANS.
"If the major and captain arrested on molestation and assault
charges are found guilty, they will be punished severely," Das added
in Kolkata. "The punishment depends on degree of involvement. They
(those involved in ransacking) can be demoted, they can lose
seniority or be punished otherwise."
IANS News of Jan
2 2007
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