(I): There is much
opposition by the State Governments when the Centre is trying to uphold the
rights of the citizens, and to protect them by formulating NCTC or making
proposals for RPF empowering with Police Powers.. They shall have to feel happy
that one more FORCE-RPF is coming to their/State's assistance and not taking
away their powers. Take the case of the Centre's magnanimity and mind thought by
not opposing or not disturbing, extending its support to the Andhra Pradesh
State in formulating the HMR - Metro Railway Project Work, exclusively taken up
by the AP State Government and without any intervention by the Centre or by the
Ministry of Railways, even though any Project Work concerning on the Railways
or the Metro Railways has to be done in accordance with the provisions of the
Metro Railway Acts, the Constitutional Powers, Schedules, the Articles thereon.
One shall have recognizable definitions and the meanings, the deferential
equations and other matters of the Tramways and the Metro Railways; At least
now , the States must rethink in broad prospective like that of the Centre in
the AP Ste taking up the Metro Railways Works of their own, with prospective
open mind and positive thinking heartily support the Centre for RPF powers
through Parliament, Bill, etc. THIS IS WITH A VIEW TO EASE THE STATES OF THEIR
EXTRA BURDEN OF SPENDING OF 50% OF EXPENDITURE ON THE GOVERNMENT RAILWAY POLICE
EVEN THE CENTRE WANTED FOR THE SAFETY AND SECURITY OF THE RAILWAY PASSENGERS
AND THEIR BELONGINGS UPHOLD THE VIEWS AND VISION OF THE FORMER HON'BLE
PRESIDENT OF INDIA- MR.ABDUL KALAM EXPRESSED IN 2006...
(II):FOR THE LAST FIVE AND
MORE decades, THE SAME SYSTEM OF LAW& order AND Crime GOES ON OVER THE
INDIAN RAILWAYS, WHOEVER MAY THE THE MINISTER , THE FATE OF THE RAILWAY
PASSENGER GOES ON AS IT WAS CAUGHT IN BETWEEN THE RPF AND GRP-
PROMISINGLY/presciently BETWEEN THE STATES AND THE CENTRE ON POWER, ETC..
SHARING...DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP-VIS-À-VIS
RAILWAY PROPERTY, PASSENGER AREA AND THE PASSENGERS OVER INDIAN RAILWAYS
SYSTEM:
: The Preamble of the
RPF Act, envisaged that the RPF is constituted and maintained for the better
protection and security of railway property, passenger area and passengers and
for matters connected therewith. Likewise, the Preamble of the RP (UP) Act does
state –‘an Act to consolidate and amend the law relating to unlawful possession
of railway property. By this, it confines its parameters to that of ‘railway
property’ alone as defined in the Law. The ‘railway property’ definition
nevertheless does not include ‘the passenger area and passengers’ or ‘the
offence(s) committed and/or connected therewith’. It may be observed that as
contained in section 3 of the RPF Act, that the RPF is constituted and
maintained for better protection and security of railway property.
By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF has been substantially curtailed and in my considered opinion there are no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers or their belongings, like theft of passenger’s luggage, assaults and other offences falling within the IPC section ,and emphatically, even if they (RPF) apprehend any culprit or recover such property belonging to the Passengers, in the course of their duties, they have to, invariably, forward the case to the GRP (Government Railway Police) with their Report for further necessary action ( Case registration/FIR, and Investigation ).
This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, proposed /for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated. At the most the RPF is to be treated as the Assisting Force of the GRP.
In this context, to make rail journey safer and secure to the 12 million people including the tourists who are making use of the rail services every day, one shall not forget the speech and the vision of the (Former) Honourable President of India, Dr. A. P.J. Abdul Kalam while presenting President's Colours to the RPF on 22nd May, 2006 containing certain valuable observations and suggestions to the, Government of India, the Ministry of Railways, the Railway Board, the RPF, which include:
1. The need to remove the division of responsibility between the Government Railway Police (GRP) and Railway Protection Force (RPF);
2. For empowering the RPF with legal powers to tackle all cognizable offences under the Indian Penal Code (IPC) and Special Acts so that there is a single point of responsibility for tackling crimes against railway passengers,
By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF has been substantially curtailed and in my considered opinion there are no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers or their belongings, like theft of passenger’s luggage, assaults and other offences falling within the IPC section ,and emphatically, even if they (RPF) apprehend any culprit or recover such property belonging to the Passengers, in the course of their duties, they have to, invariably, forward the case to the GRP (Government Railway Police) with their Report for further necessary action ( Case registration/FIR, and Investigation ).
This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, proposed /for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated. At the most the RPF is to be treated as the Assisting Force of the GRP.
In this context, to make rail journey safer and secure to the 12 million people including the tourists who are making use of the rail services every day, one shall not forget the speech and the vision of the (Former) Honourable President of India, Dr. A. P.J. Abdul Kalam while presenting President's Colours to the RPF on 22nd May, 2006 containing certain valuable observations and suggestions to the, Government of India, the Ministry of Railways, the Railway Board, the RPF, which include:
1. The need to remove the division of responsibility between the Government Railway Police (GRP) and Railway Protection Force (RPF);
2. For empowering the RPF with legal powers to tackle all cognizable offences under the Indian Penal Code (IPC) and Special Acts so that there is a single point of responsibility for tackling crimes against railway passengers,
III The Central Government, after 60 years of
independence, found to have made out a way and solution for the safety and
security of the railway passengers and their belongings. In this connection as
a reference-kindly go through the Articles published in monthly Magazine"
Indian Railways"-PRESIDENT OF INDIA PRESENTS PRESIDENTIAL COLOURS TO
RAILWAY PROTECTION FORCE JULY 2006); and, V.Seshadri’s -Article - “(THE MISSING
DIMENSIONS ON SECURITY AND SAFETY OF PASSENGER-A POINT OF VIEW-JUNE-2007) . From
the above it can be seen that the views and vision of Former Hon’ble President
of India had paved the way for reconciliation on this matter and the Committee
(the 14th Lok Sabha, date 8-12-2009 also made
recommendations for more powers to RPF…
There shall be a day, in future, which is still awaited and eager to celebrate over the Railway's System when there can be only one Police Force and not TWO as we see today and have a unified single ‘Uniformed Indian Railway Police Force- exclusively for the Indian Railways System’ to deal all the matters of ‘railway property, passenger area, and passengers, and the matters connected there with. The Centre found to have taken decision to table Draft Bill in this connection in this Parliament Session:
Why THERE shall be so much opposition by the State Governments when the Centre is trying to uphold the rights of the citizens by formulating NCTC or making proposals for RPF empowering with Police Powers.. They shall have to feel happy that one more FORCE-RPF is coming to their and not taking away their powers.Take the case of the Centre's magnanimity and mind thought by not opposing or not disturbing, extending its support to the Andhra Pradesh State in formulating the HMR - Metro Railway Project Work, exclusively taken up by the AP State Government and without any intervention by the Centre or by the Ministry of Railways, even though any Project Work concerning on the Railways or the Metro Railways has to be done in accordance with the provisions of the Metro Railway Acts, the Constitutional Powers, Schedules, the Articles thereon.(***but now the States are viewing otherwise for NCTC or in case of RPF getting police powers; The A.P. State passsed A P Traways Act and applying it for Metro Railways construction, without even a discussion in the Parliament about the Metro Railwys Works taken up exclusively by the State; no where found to have taken the Metro Railwys Acts,Constitutional Powers,etc, or the Ministry of Railways taking up the matter as like in Delhi,DMR now one of the Railway's Zone;we are in such state of affairs, no opposition for such action by ...????, who shall oppose, they are not… the Centre is nodding for its continuence; why not then for others to take the lead???***) RPF powers through Parliament, Bill, etc. THIS IS WITH A VIEW TO EASE THE STATES OF THEIR EXTRA BURDEN OF SPENDING OF 50% OF EXPENDITURE ON THE GOVERNMENT RAILWAY POLICE EVEN THE CENTRE WANTED FOR THE SAFETY AND SECURITY OF THE RAILWAY PASSENGERS AND THEIR BELONGINGS UPHOLD THE VIEWS AND VISION OF THE FORMER HON'BLE PRESIDENT OF INDIA- MR.ABDUL KALAM EXPRESSED IN 2006...
There shall be a day, in future, which is still awaited and eager to celebrate over the Railway's System when there can be only one Police Force and not TWO as we see today and have a unified single ‘Uniformed Indian Railway Police Force- exclusively for the Indian Railways System’ to deal all the matters of ‘railway property, passenger area, and passengers, and the matters connected there with. The Centre found to have taken decision to table Draft Bill in this connection in this Parliament Session:
Why THERE shall be so much opposition by the State Governments when the Centre is trying to uphold the rights of the citizens by formulating NCTC or making proposals for RPF empowering with Police Powers.. They shall have to feel happy that one more FORCE-RPF is coming to their and not taking away their powers.Take the case of the Centre's magnanimity and mind thought by not opposing or not disturbing, extending its support to the Andhra Pradesh State in formulating the HMR - Metro Railway Project Work, exclusively taken up by the AP State Government and without any intervention by the Centre or by the Ministry of Railways, even though any Project Work concerning on the Railways or the Metro Railways has to be done in accordance with the provisions of the Metro Railway Acts, the Constitutional Powers, Schedules, the Articles thereon.(***but now the States are viewing otherwise for NCTC or in case of RPF getting police powers; The A.P. State passsed A P Traways Act and applying it for Metro Railways construction, without even a discussion in the Parliament about the Metro Railwys Works taken up exclusively by the State; no where found to have taken the Metro Railwys Acts,Constitutional Powers,etc, or the Ministry of Railways taking up the matter as like in Delhi,DMR now one of the Railway's Zone;we are in such state of affairs, no opposition for such action by ...????, who shall oppose, they are not… the Centre is nodding for its continuence; why not then for others to take the lead???***) RPF powers through Parliament, Bill, etc. THIS IS WITH A VIEW TO EASE THE STATES OF THEIR EXTRA BURDEN OF SPENDING OF 50% OF EXPENDITURE ON THE GOVERNMENT RAILWAY POLICE EVEN THE CENTRE WANTED FOR THE SAFETY AND SECURITY OF THE RAILWAY PASSENGERS AND THEIR BELONGINGS UPHOLD THE VIEWS AND VISION OF THE FORMER HON'BLE PRESIDENT OF INDIA- MR.ABDUL KALAM EXPRESSED IN 2006...
(III):Why THERE shall
be so much opposition by the State Governments when the Centre is trying to
uphold the rights of the citizens by formulating NCTC or making proposals for
RPF empowering with Police Powers.. THIS is only in view of growing and
uncontrolled/uncontrollable trends in the terrorism/Naxalism and crime in the
trains/railway premises against the railway passengers and their belongings
while traveling in the train or while on railway premises. They shall have to
feel happy that one more FORCE-RPF is coming to their and not taking away their
powers. Take the case of the Centre's magnanimity and mind thought by not
opposing or not disturbing and extending its support to the Andhra Pradesh
State in formulating the HMR - Metro Railway Project Work, exclusively taken up
by the AP State Government and without any intervention by the Centre or by the
Ministry of Railways, even though any Project Work concerning on the Railways
or the Metro Railways has to be done in accordance with the provisions of the
Metro Railway Act, the Constitutional Powers, Schedules, the Articles thereon
and express sanction of the Parliament like in the Delhi Metro Railways Work,
etc. and/or as per the Metro Railway Act and not otherwise...but , still, the
Centre/the Ministry of Railways never intervened in AP State owning the Metro
Railway's Project Works which in offing; they may also take up Tramways later
in the city. Then why the States are hampering the Centre's proposal to equip
the RPF with Police Powers, that too through Parliament, Bill, etc. THIS IS
WITH A VIEW TO EASE THE STATES OF THEIR EXTRA BURDEN OF SPENDING OF 50% OF
EXPENDITURE ON THE GOVERNMENT RAILWAY POLICE (THE REMAINING 50% IS MET BY THE
CENTRE/THE MINISTRY OF RAILWAYS). THIS IS IN ADDITION TO GIVING ACCOMMODATION
TO THE GRP, ETC...
EVEN
THE CENTRE WANTED FOR THE SAFETY AND SECURITY OF THE RAILWAY PASSENGERS AND
THEIR BELONGINGS AND NOT OTHERWISE.. LET THE CHIEF MINISTERS RE-THINK ON THE
ISSUE WITH BROAD PROSPECTIVE AND I PRAY TO SUPPORT THE CAUSE OF THE CENTRE FOR
SAME OF THE RAILWAY PASSENGERS, THE CITIZENS OF INDIA AND TOURISTS FROM OTHER
COUNTRIES AND UPHOLD THE VIEWS AND VISION OF THE FORMER HON'BLE PRESIDENT OF
INDIA- MR.ABDUL KALAM EXPRESSED IN 2006...
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