Magistrates fail to enforce restraint

‘Troops, Police Use Force Without Our Consent’

UMER MAQBOOL DAR

Srinagar, Aug 12: The posting of executive magistrates for law and order duties is proving to be a futile exercise as police and CRPF troopers continue to use force on protesters in the Valley without their permission.
Senior officials in the administration told Greater Kashmir that magistrates posted on law and order duties were helpless before forces in the prevailing situation and sometimes face their wrath for refusing their diktats.
The respective Deputy Commissioners confer the powers to act as magistrate first class on employees of different departments with the authority of handling law and order.
“Forces never obtain their permission for dispersal of crowd and in some cases magistrates are coerced to sign the orders by forces after they open fire on the protesters,” they said, adding that casualties could be avoided if the orders of magistrates are followed.
They said a Deputy Superintendent of Police, on probation, in north Kashmir’s Varmul district beat up Tehsildar Muhammad Yousuf to pulp for refusing to order firing on protesters last year when a police station was attacked. Instead of taking action against the police officer, the victim Tehsildar was transferred the next day by the government.
Recently, a day after killing of two youth in Amargarh Sopur, an officer of Horticulture department who was on magisterial duty was roughed up by CRPF troopers.
Under the Criminal Procedure Code (CrPC), the executive magistrates are authorized to use force against people and can direct the police about the manner of force.
Secretary, Law department, GH Tantray said the magistrates should bring the matter into the notice of the government if they face any problems.
“It is their responsibility to approach the government and they have different powers in different situations,” he said.
Law Minister Ali Muhammad Sagar could not be contacted for comment despite repeated attempts.

Lastupdate on : Thu, 12 Aug 2010 21:30:00 Makkah time
Lastupdate on : Thu, 12 Aug 2010 18:30:00 GMT
Lastupdate on : Fri, 13 Aug 2010 00:00:00 IST




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