Law Kumar Mishra
Patna, March 19
Opposition members in Bihar assembly on Friday tore the copies of the Bihar Special Armed Police Bill protesting against the provisions in the proposed legislation which they alleged would turn the state into a police state.
Opposition members entered the well of the House shouting slogans against the government and tore all copies of the Bill circulated to the members today. They claimed the provisions of the Bill were draconian and reminded of MISA during emergency when people were jailed without warrants and without trial.
Speaker Vijay Kumar Sinha’s repeated appeals to the members to return to their seats failed to have positive response and he announced adjournment of the sitting to Tuesday immediately after the second half of the day’s business started
Even ruling party legislators regretted the provisions in the Bill and claimed it was not discussed in the legislature party meeting of JDU or NDA Narendra Singh, a former agriculture minister in Nitish Kumar ministry feared the police would get powers to abuse and misuse the provisions of the legislation as it empowers the members of the Armed Police to arrest any person even on suspicion that he or she may create disturbances. The Bill has forfeited authority of the courts to take cognizance of the complaints of the people illegally arrested by the Armed Police.
Chief Minister Nitish Kumar who holds home portfolio in his statement of objects and purpose of the legislation claimed Bihar was surrounded by Nepal and three states having high incidents of Naxal violence. State needed a compact integrated force to deal with the forces hostile to internal security. So far, the district police was empowered to arrest anyone, but now with the new legislation, the members of the Special Armed Police would get authority to arrest anyone even without warrant or prior information.
The name of Bihar Military Police with 21 battalions has been changed to Bihar Special Armed Police now.
Those violating the provisions of the legislation would be punished with minimum 7 years imprisonment and upto life sentence.
Those trying to provoke people to start revolt against the government or participate in any agitation against the government would be arrested by the Special Armed Police. Even those committing cognizable offence or attempting to commit such an offence would be arrested by the Armed Police.
Vikram Kunwar, a former minister who was detained under MISA during emergency drew a parallel between the Rowlatt Act during freedom movement and the proposed Bihar Special Armed Police Bill as it would empower armed police to resort to emergency days measures of detaining people without trial for an indefinite period.
The new legislation allows armed police to search any premises without a warrant.
“Whenever a special armed police officer has to reason to believe that an offence has been committed or is to be committed, he can detain the suspected offender and resort to quick search”, according to the provisions of the Bill.
Speaker announced debate on the passage of the Bill will take place on March 23.
