If new amendment becomes effective, not Modi’s but Chidu’s police will be in power in railway station limits and in moving trains

Ahmedabad, 22 February, 2012

Gujarat Chief Minister Shri Narendra Modi today said that after NCTC, the proposed amendment to Railway Protection Force Act, 1957 is another serious blow to the federal structure of the nation.

Shri Modi expressed his strong view point on this on Twitter.

He said the Railway Protection Force Act, 1957 amendment aims to give policing power for the first time to a paramilitary unit.

Shri Modi added that UPA is advocating a theory of state within a state!

In subsequent tweet he expressed danger that “this decision will open a pandora’s box since CISF, that safeguards airports and other PSUs may seek similar powers.”

Modi further said, “even other para-military forces may also seek similar powers in their respective areas of operations.”

Modi said, “this step is a violation of provisions of exhsting Indian Police Act and the Bombay Police Act, 1956 prevailing in the state.”

He said the centre has gone berserk in trampling with the jurisdiction of states and its becoming increasingly evident from such consecutive actions.

Modi’s highest six tweets at a time on any issue, and his anger expressed on Tweeter was in connection with Central government’s move to introduce the RPF Act amendment bill in the budget session of parliament.

Proposed act will empower central government run RPF under railways with policing power to deal with crimes in trains and railway stations. Presently GRP is responsible for this, while the RPF’s role is restricted to protecting railway properties.

The legislation seeks withdrawal of the Government Railway Police (GRP) – controlled by state government and railways bears 50% of the cost – from railway premises and empowering the RPF with policing power to deal with crime cases, including drugging and robberies in trains and stations.

As per the proposed amendments, a RPF sub-inspector will enjoy an equal power to that of station house officer (SHO) and will be empowered to file First Information Report (FIR) against the accused of crimes committed on running trains and railway stations.

Implementation of this amendment can create a situation of two police authorities working in one state. If a criminal is present inside the railway premises, there will be the central government controlled police to deal with him, while outside the railway premises the state police will be in control. This is termed as encroachment of centre in state area as Law and order is state affair as per the federal structure in place in this country.

Interestingly, Mayavati-ruled Uttar Pradesh is reportedly opposing the proposal, terming it unconstitutional and against the federal structure, arguing that policing and law and order falls in state domain.

In a strong worded Letter to the Prime Minister Dr. Manmohan Singh, Modi said, “the proposed amendment Bill which is intended to confer the powers of State Police Officers to RPF is unwarranted, severe violation of the constitutional spirit and blow to federal structure of India. It also usurps power of the state legislature.”

The provisions being inserted by the proposed amendment of the Railway Protection Force Act, 1957 is not in consonance with the schemes provided under article 246 of the Constitution of India. “Public order” and “police” are state subjects and proposing an amendment on these subjects under entry 22, 30 and 93 of Union List with entry 2 of the concurrent list in schedule VII of the Constitution of India is, not only a step to infringe upon powers of the state but also a serious blow to the federal structure of the Country, Shri Narendra Modi said.

Gujarat CM said that the proposed amendment is intended to confer “powers of the police officers”, which is otherwise provided under Indian Police Act 1861 only. Therefore, the proposed amendment to provide powers of the police officer by amending the provisions of RPF Act, 1957 is violative of provisions of exiting Indian Police Act and provisions of State Police Act like the Bombay Police Act, 1956 prevailing in the state.

Gujarat CM also said that the Ministry of Railways is attempting to advocate a theory that railway property in the country is an independent entity and gives an impression that it is a state within a state, thus justifying conferring of police powers of investigation and arrest to the RPF. A parallel has been drawn from the provisions of the Delhi Special Police Establishment Act under which CBI draws jurisdiction in support of such move which is unfortunate and shocking.

“The argument put forward to confer power of a police officer to RPF personnel is ridiculous which says that the trains run through several states and passengers find it difficult to lodge their complaint with GRP, as several jurisdictions are often involved as if the RPF will not face similar situation. It is well known that even the state police face similar dilemma and often carry out investigation in many offences cutting across state jurisdiction. Therefore, such lame justification to take away the powers of the GRP and interfere with the powers of the state government is grave and uncalled for” he said to PM and added that this this decision is likely to open up a Pandora’s Box, since CISF safeguarding airports and other public sector undertakings may seek similar powers. This will lead to a situation where a host of para-military forces operating in this country, will ask for “police powers” in their respective operational areas”

“Recently National Counter Terrorism Centre (NCTC) is notified unilaterally in violation of the Constitutional provisions and many states have taken strong objections to it. In continuation of this, a Bill to give police powers to RPF is being mooted, which again is another attempt to curtail state’s powers. Therefore such unwarranted Bills are not to be pushed through by the Government of India, Gujarat CM Said.

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