Lucknow: Chief Minister Yogi Adityanath led BJP government in Uttar Pradesh has formed a new investigation agency called the Special Protection Security Force (SSF). It is the eighth investigative agency of the state which will be working as a branch of the Uttar Pradesh Police.
SSF has been given unlimited powers as compared to the other seven agencies. An SSF officer will have the power to arrest any individual or the head of an institution without an FIR or a warrant. He can even search one’s office and residence.
Spreading the word, Additional Chief Secretary (Home) Awanish Awasthi informed that any private organisation, company or individual can take the help of SSF. The fee has not yet been decided. The SSF will retain its power even if on private duty. The agency will start working within three months.
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During the Assembly’s Monsoon Session held between August 20-22, the Yogi government had passed the Uttar Pradesh Special Security Force (UPSSF) Bill. After getting the approval of Governor Anandi Ben Patel on September 12, Additional Chief Secretary (Home) Awanish Awasthi issued an order to convert the Bill into law.
Agency to be formed within 3 months:
The State government has ordered UP Director General of Police Hitesh Awasthi to set up the structure of this investigating agency within three months. The head of the agency will have the authority of the Additional Director General of Police (ADG) level. For this force, 1,913 new posts will be created. It will have five battalions. It will cost Rs 1,746 crore.
As per sources, the agency will have one IG, two DIGs and four SP level officers. The soldiers will be selected first from the PAC. They will be on deputation to the SSF. Later, they will be adjusted in the new investigating agency subject to their satisfactory performance. However, this proposal is yet to be approved by the government.
The UP SSF will be deputed in the Allahabad High Court, its Lucknow bench, District Courts, State Government Administrative Buildings, temples or the place of worship, metro, airport, banks, financial institutions, and industrial establishments.
SSF's power of investigation:
As per the new law, members of the Special Security Force (SSF) can arrest someone immediately provided the force is confident that the suspect or the accused can run away within the period of the issue of the search warrant or the evidence of the crime can be destroyed by the accused. The suspect’s house or property can be searched immediately for which no search warrant or the magistrate’s permission will be need. The SSF should simply have the proof. According to the Act, no case can be filed against an officer or a member of the security force in any such action. No court shall take cognizance of any offence against a member of the SSF without the permission of the government.
Investigation Agencies of UP Police:
* Economic Offence Wing (EOW)
This agency was formed to investigate Uttar Pradesh’s economic scams. It only examines exclusively economic corruption and offences.
* UP Vigilance
This agency investigates corruption, discriminatory action of IAS, IPS, IFS, Ministers, and MLAs, i.e. all types of public servants. But any action on its investigation can be taken only with the permission of the Chief Minister or the Home Minister of the State.
* Crime Branch Criminal Investigation Department (CBCID)
This agency is headed by an officer of the rank of Director General of Police (DGP). It was formed to investigate economic, social, and other criminal matters. The Chief Minister of the State has to issue an order through the Ministry of Home Affairs to get a matter investigated with the CBCID.
* Special Investigation Agency (SIT)
This agency was formed by the then Chief Minister Mayawati to investigate corruption. This agency is headed by an officer of the rank of Additional Director General of Police (ADGP).
* Special Task Force (STF)
The then Chief Minister Kalyan Singh had formed this agency to control organised crime. This agency is headed by an officer of the rank of Additional Director General of Police (ADG).
* Anti-Terrorist Squad (ATS)
The agency was formed by then Chief Minister Mayawati-led BSP government on the instructions of the Central government headed by then Prime Minister Dr Manmohan Singh. It is headed by an officer of the rank of Additional Director General of Police. This agency mainly works against terrorism.
* Anti-Corruption Bureau (ACB)
An Additional Director General of Police level officer heads this agency. This agency was formed to prevent and check corruption among the state government employees.
People's response towards SSF:
Sign of preparedness to privatise police: Ajay Kumar Lallu
UP Congress unit president Ajay Kumar Lallu has termed this law as a black law by saying that there is no rule of law in Uttar Pradesh.
"There is Jungle Raj in the state. The BJP government is preparing to crush the opponents through SSF. It is a step in the direction of the privatisation of the police force. This force will be used to suppress Dalits, backwards and minorities in the state. We will fight against this law and work on the principle of ‘no argument, no advocate’ from the House to the street," he added.
Decision to serve private people is strange: Former DGP Jain
Former Director-General of Police Arvind Kumar Jain stated that the new force is also an experiment. Making such a law is not bad, but how it is implemented is a matter to be watched. Jain said that there is a flaw in every arrangement, but because of these shortcomings, the institutions cannot be dissolved. There is not much scope for misuse at the places where these forces are to be deployed. It is certainly strange that the act speakings about giving SSF facility to the private sector, which comes with certain dangers.
Not in the interest of democracy: SP leader Rajesh Dixit
Samajwadi Party’s former national secretary Rajesh Dixit said that the Yogi Government has been working on the strategy of giving unlimited powers to the police from the very beginning. How much enthusiasm the government showed in implementing the Police Commissionerate system is known to all. There was haste in bringing the UPCOCA. The Property Recovery Law was created. All this is part of the working style of this government, which will have long-term consequences. This is not good for the coming days. Those who are in power today will be in opposition tomorrow. It is also a step towards privatising the police force, which is not in the interest of democracy.
Article 21 may be hostage: Advocate Akhilesh Singh
Akhilesh Singh, a senior advocate in the High Court, questioned that when there is already CISF to protect industrial establishments, then what was the need of this law to be framed by the state government?
He stated that the provisions in the law are a threat to the provision of Constitutional protection. The protection given under Article 21 the Constitution will be a hostage to the decisions of the officer or members of the Special Security Force.
