Dharamshala: In a significant move, the Himachal Pradesh Legislative Assembly has passed an amendment to the Himachal Pradesh Police Act, introducing a provision that requires state government approval before arresting government employees during the course of their official duties. The bill was passed amidst heated debates and opposition protests.
The Congress government, led by Chief Minister Sukhvinder Singh Sukhu, defended the amendment, stating that it aims to protect employees from malicious actions and ensure fairness in administrative processes. However, the opposition BJP strongly opposed the provision, raising concerns over its potential misuse and impact on law enforcement.
Opposition BJP raises concerns over ‘misuse’
BJP MLA Randhir Sharma criticised the amendment, arguing that it could hinder the police from taking swift action in serious cases and may encourage corruption. He questioned how law enforcement would handle critical offences, including those under the Protection of Children from Sexual Offences (POCSO) Act, if prior government approval becomes mandatory for arrests.
“Such provisions may embolden wrongdoers and delay justice in sensitive cases,” Sharma said.
BJP MLA Trilok Jamwal echoed similar concerns, suggesting that the clause could be tailored to benefit certain individuals and undermine accountability.
Chief Minister comes out with clarification
Chief Minister Sukhu clarified that the amendment did not apply to grave offences such as bribery, grievous harm or cases involving serious misconduct. “This provision is to safeguard employees from malicious or vindictive actions by superiors or officials. It will prevent instances where false cases are filed out of personal enmity,” Sukhu explained.
He assured that a standard operating procedure (SOP) would be issued to clearly define the scope and application of the new provision, ensuring it was not misused. “The opposition’s objections are unfounded and show their lack of concern for employees’ welfare,” the Chief Minister remarked, accusing BJP MLAs of resorting to hypothetical scenarios to create unwarranted fear.
Implications of the amendment
The amendment marks a shift in the state’s administrative framework, seeking to provide additional safeguards for government employees. Critics argue that it could impede swift action in corruption and misconduct cases, while supporters believe it will foster a fairer work environment.
The government has promised that the new guidelines would ensure transparency and prevent any hindrance to the investigation of serious cases. However, the debate has sparked broader questions about balancing employee protections with the need for efficient and impartial law enforcement.
