Bravo, Alok Raj!

The verbal skirmish between Alok Raj, the Deputy Inspector-General, Central Reserve Police Force (CRPF), stationed at Nandigram to maintain law and order, and Lakshman Seth, the Tamluk MP, as reported in the media, not only makes for delectable press copy, but ominously it indicates a far more serious state of disregard for the law and the Constitution that prevails among the CPI-M leaders, cadres, hangers-on and thugs sponsored and supported by the party.

Section 41 of the Criminal Procedure Code (CrPC) says: “Any police officer may without an order from the magistrate and without warrant arrest any person—(a) who has been concerned in any cognisable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned…”

Offences under Sections 130 (influencing voters), 131 (disorderly conduct) and 132 (electoral misconduct) of the Representation of the People Act, 1950 (as amended till date) are cognisable. Therefore, Raj’s intervention to prevent the occurrence of any cognisable electoral offence was strictly legal and ethical. Raj and his officers and other ranks of the CRPF had not been posted at Nandigram for a change of air or for rest and recuperation. They were there with the specific duty to maintain law and order. It is true that they were there to aid the State Police when called upon to do. That would not mean that they would cease to be police officers and allow the commission of cognisable offences in their presence when the State Police had been wantonly behaving in a partisan manner in allowing CPI-M goons to threaten suspected “disloyal” voters and to capture booths.

IN doing what Raj did, he performed the inherent mandate given to him under the CrPC to prevent cognisable crimes. It would have been an act of gross dereliction of duty and violation of law if he had acted otherwise. When the CrPC authorises an officer the power to arrest “any person who in his presence commits non-bailable and cognisable offence” (Section 43 of the CrPC), a Deputy Inspector-General of the CRPF could not have done otherwise to be true to his profession and to the oath of allegiance to the Constitution of India. In fact, there is a feeling that he could have done a little more.

It is understood that Seth is an MP. As an MP he may enjoy many perks and privileges not available to ordinary citizen. But he may, perhaps, agree that as a law-maker he is not above the law, particularly the Indian Penal Code (IPC) and the Representation of the People Act. If what he did was correctly reported in the press, he would be liable for punishment under the IPC under Sections 186 (obstructing public servants in the discharge of their public duty), 189 and 190 (threatening public servants with injury in the performance of their legal duties).

That he will not be prosecuted and therefore suffer no punishment is another matter because the present West Bengal Government does not adhere to the Constitution and the rule of law. But it is said that the arms of law are rather long. They may catch anybody in the long run.
Bravo, Alok Raj! Keep your chin up, the intelligentsia of Bengal is with you.

(Courtesy : The Statesman)

The author is a former Secretary to the Union Minister of Finance (Revenue) and Rural Development and former Executive Director, Asian Development Bank.