Annexure II

 
 

DO’s AND DON’Ts

 
DO’s

1.   Action Before Operation.    Act only in the area declared as ‘Disturbed’ under Section 3 of the Act. Before taking action to fire upon or using force ensure :-
 

(a) There exists a prohibitory order against assembly of five or more persons or carrying of weapons or fire arms/amn or explosives substances in the disturbed area and the persons concerned have acted in contravention of such order;
 
(b) Power to open fire, using force or arrest is exercised only by an officer/JCO/WO or NCO;
 
(c) Such officer is satisfied that action is necessary for maintenance of public order; and
 
(d) Due warning is given by such person exercising powers under this section.
 
(e) Under Sec 4(b) of the Act, any officer, JCO, WO and NCO may destroy those arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilized as hide out by armed or absconders wanted for any offence. Before taking action, ensure that such officer is of the opinion that it is necessary to destroy any arms dump etc.
 
(f) Under Section 4(c) of the Act, powers to arrest any person without warrant can only be exercised if that person has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed cognizable offence or is about to commit a cognizable office. For effecting arrest, such force as may be necessary can be exercised. Ensure that only such persons who have either committed a cognizable offence or against whom reasonable suspicion exists, is arrested, innocent persons are not to be arrested.
 
(g) Under Section 4(d) of the Act, power can only be exercised to enter and search without warrant any premises, to make any such arrest of any person as mentioned in Sub Para 4(d) above, to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises and the concerned person may for that purpose use such force as may be necessary. Ensure that before launching any raid/search, definite information about the activity is obtained from the local source and/or civil authorities.
 
(h) Ensure that the troops deployed in aid to civil authorities operate in the state concerned in cooperation with the civil administration.

 
2.    Action During Operation.
 

(a) While exercising powers conferred under Section 4 of the Act, ensure that minimal force required for effective action against the person/persons acting in contravention of the prohibitory order is used.

(b) In case of necessity of opening fire or using any force against any person(s), ascertain that the same is essential for maintenance of public order. Open fire only after due warning.

(c) The provisions of Criminal Procedure Code governing search and seizure are applicable during the course of search and seizure conducted in exercise of powers conferred vide Section 4(d) of the Act. Therefore :-

 

(i) Before making a search, the concerned person about to make search is to ensure that two or more independent and respectable inhabitants of the locality are available or are willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them. The search is to be made in their presence and a list of all things seized in the course of such search and of the places in which they are respectively found is to be prepared by such officer or other person and signed by such witnesses but no person witnessing a search under this Section, is required to be present in Court as a witness of the search unless especially summoned by it.

(ii) The occupant of the place searched, or some person on his behalf, in every instance, should be permitted to attend the search, and a copy of the list prepared duly signed by the said witnesses, is to be delivered to such occupant or person.

 

(d) The person acting under the Act while effecting the arrest of woman or making search of woman or in searching the place in the actual occupancy of a female shall follow the procedure meant for the police officer as contemplated under the various provisions of the Code of Criminal Procedure, namely, the provision to Sub Section (2) of Section 47, Sub Section (2) of Section 51, Subsection (3) of Section 100 and provision to Sub Section (1) of Section 160 of the Code of Criminal Procedure. These provisions in substance provide as under :-

 

(i) If any place to be searched is an apartment in the actual occupancy of a female (not being the person to be arrested) who. According to custom, does not appear in public, then before entering such female shall be informed that she is at liberty to withdraw, and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

(ii) No male person under the age of fifteen years or woman is required to attend at any place other than the place in which such male person or woman resides.

 

(e) Ensure that troops under command do not harass innocent people, destroy property of the public or unnecessarily enter into the houses/dwellings of people not connected with any unlawful activity.

(f) Ensure proper record is maintained of arrested and released person after apprehension.

 
3.    Action After Operation.
 

(a) After arrest, prepare a list of the persons so arrested and handover the arrested person to the officer in charge of the nearest Police Station with the least possible delay together with a report of the circumstances occasioning the arrest so that arrested person can be produced before the nearest Magistrate within a period of 24 hours of his arrest excluding the time taken for journey from place of arrest to the Court of Magistrate.

 

(b) Every delay in handing over the arrested person to the police must be justified depending upon the place, time of arrest and the territory in which such person has been arrested.

(c) After raid, make out a list of all property, arms, ammunition or any other incriminating material/documents taken into possession.

(d) All such property, arms, ammunition stores, etc are to be handed over to the officer in-charge of the nearest Police Station together with a report of the circumstances occasioning such search and seizure.

(e) Obtain receipt of persons and arms/ammunition stores etc so handed over to the police and maintain proper record of such receipts.

(f) Maintain record of the area where operations are launched, with details of date, time and the persons participating in such operations.

(g) Maintain a record of the Commander and other officers/JCOs/NCOs forming part of such task forces.

(h) Ensure medical relief to all persons injured during the encounter. If any person dies in the encounter, the dead body be handed over immediately to the officer-in-charge of nearest police station alongwith the details leading to such death.

(j) Maintain detailed record of the entire operation correctly and explicitly.

 
4.    Dealing with Civil Courts.
 

(a) Ensure that directions/instructions of the Supreme Court/High Courts and other subordinate judiciary are promptly attended to.

(b) Whenever summoned by the courts, ensure that decorum of the court is maintained and proper respect paid. Answer questions of the Courts politely and with dignity.

 
DON’Ts
 
5.   (a) Do not keep a person under custody for any period longer than the bare  
      necessity for handing over to the nearest Police Station.
 

(b) Do not use third degree methods to extract information or to extract confession or other involvement in unlawful activities.

(c) Do not use any force after having arrested a person except when he is trying to escape.

(d) Do not release the person directly after apprehending on your own; effect release of such person through civil police.

(e) Do not take back a person after he is handed over to civil police.

(f) Do not tamper with official records.

 

COAS TEN COMMENTS FOR TROOPS IN
COUNTER INSURGENCY OPERATIONS

 

1.   No Rape.

2.   No Molestation.

3.   No torture resulting in death or maiming.

4.   No Military disgrace. (loss of arms, surrender, loss of post or imbibing of an un-army like culture)

5.   No meddling in the Civil Administration (i.e. Land disputes or quarrels).

6.   Competence in platoon/company tactics in counter insurgency operations.

7.   Willingly carry out civic actions with innovations.

8.  Develop media interaction modus. (Use it as a ‘force-multiplier’ and not as a ‘force-degrader’)

9.   Respect Human rights.

10. Only fear God, Uphold Dharma (Ethical mode of life-the path of righteousness) and enjoy serving the country.