Shimla, Dec 20,
The Himachal Pradesh Assembly on Friday passed the Police Amendment Bill 2024, making it mandatory to secure government approval before arresting any public servant. Chief Minister Sukhwinder Singh Sukhu defended the legislation, claiming it aimed to ensure public servants could discharge their duties without fear. However, the opposition slammed it as a shield for corrupt officials, fueling heated exchanges in the Assembly.
Presenting the bill for discussion Chief Minister assured the House that an SOP (Standard Operating Procedure) would be issued to clarify the law’s implementation.
He emphasized that public servants booked under the Prevention of Corruption Act or POCSO Act would not benefit from the new immunity provision.
“This is not an encroachment on the Indian Justice Code or a step to dilute anti-corruption efforts. Vigilance and police will continue acting against bribery as before,” Sukhu declared.
Despite the reassurances, BJP leaders Randhir Sharma and Trilok Jamwal voiced strong objections. “This amendment gives public servants a free pass to engage in wrongdoing. It’s a blatant attempt to protect bribe-takers,” Jamwal charged, accusing the government of undermining Section 35 of the Indian Penal Code.
The BJP demanded a rollback of the amendment, calling it a betrayal of public trust.
The amendment also includes provisions to constitute District Police Complaints Authorities, allowing junior police officers and lawyers to fill vacancies where senior officers are unavailable. Additionally, it mandates forming a centralized Police Recruitment Board for NGO Grade-2 ranks, transitioning from district to state cadre, to address high court directions.
But the most contentious provision remains the immunity for public servants. Critics argue it creates a legal loophole, allowing potential misuse.
“The intent seems noble, but in practice, it could become a tool to shield the corrupt,” said an expert observing the debate.
Sukhu’s government argues the bill fulfills a judicial directive and strengthens police administration across the state. However, the opposition believes it’s a calculated strategy to consolidate power and silence dissent.
Chief minister said that honest officers who could be booked due to any complaint on vendata could be shield by the state from arrest however the provision is not extraordinary and in violation of any Criminal law as alleged by the opposition.
The bill was passed by the Vidhan sabha with voice vote however opposition BJP members opposed the move.
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