Four out of the five jawans of 73 Battalion of CRPF killed by terrorists on Wednesday at Bemina Chowk in Srinagar were unarmed, as the Jammu & Kashmir Government has directed the personnel of the paramilitary forces not to carry weapons while on law & order duty.
The controversial “self-defeating and demoralising order” of the State Government has left over 350 CRPF officers and jawans hurt and 150 paramilitary vehicles damaged in stone pelting and violence. Clearly, disarming of the CRPF has made its personnel sitting ducks as law & order and anti-terror operations often overlap in the State.
Resentment is brewing in the CRPF rank and file over the controversial diktat of the Jammu & Kashmir Police and the paramilitary has registered its protests against the move in Unified Command meetings, top paramilitary sources said.
The sources underscored that the J&K Police directive is in violation of the Standard Operating Procedures (SOP) of the Union Home Ministry for paramilitary forces’ deployment on long-term basis, the CRPF Act, 1949 and Constitutional provisions.
The Pioneer had first reported the controversial Jammu & Kashmir Police order on February 13 and had raised apprehension that the move will make the paramilitary sitting ducks. The directive was issued on February 11, two days after Parliament attack convict Afzal Guru was hanged at Tihar jail in Delhi on February 9.
Unarmed paramilitary personnel were unable to retaliate swiftly to the fidayeen attack in Srinagar on Wednesday. For now, the Centre has put on hold withdrawal of three battalions of the CRPF from the troubled State in the wake of aggravated security situation in the State. But sources pointed out that the paramilitary force was yet to receive any direction over lifting of the controversial order.
Article 246 of the Seventh Schedule on Union list of the Constitution of India states that deployment of any armed force of the Union or any other force subject to its control in any State in aid of civil power rests with the Centre.
The State list of the Constitution grants public order as the responsibility of the State Government but with a rider. "Public order (but not including the use of any naval, military or air force or any other armed force of the Union or any other force subject to the control of the Union or of any contingent or unit thereof) in aid of civil power," says the State list.
According to the CRPF Act, 1949, "The superintendence of, and control over, the force shall vest in the Central Government, and the force shall be administered by the Central Government in accordance with the provisions of this Act and of any rules made there under, through such officers as the Central Government may from time to time appoint in this behalf."
The CRPF Act further says, "While on active duty outside its headquarters, the force shall be subject to the general control and direction of such authority or officer as may be prescribed or as may be specially appointed by the Central Government in this behalf."
"It is not possible to undertake such responsibilities without arms especially when the Islamists are known to attack people and the security forces in the garb of crowd or taking cover behind women and children. It is increasingly becoming difficult to handle our men," said a senior official.