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| Person involved in 'antinational activity' in not fit to continue in Force: HC | | | Early Times Report
Jammu, Dec 1: In a landmark judgment passed by the Chief Justice N Paul Vasanthkumar upheld that the petitioner having been found involved in anti national activities and having been detained under the Jammu and Kashmir Public Safety Act (PSA), 1978 while serving in the Border Security Force, is not fit to continue in the force.
This judgment has been passed in response to petition filed by Muneer Hussain challenging the order passed on the ground of unauthorized absence. Petitioner could not report for duty as he was detained under the Jammu and Kashmir Public Safety Act.
After hearing both the sides Chief Justice N Paul Vasanthakumar observed that the person involved in anti national activities, who is detained under the Public Safety Act (PSA), is not entitled to continue in the service of Border Security Force as the Border Security Force is a disciplined force and integrity towards the nation is more important and observed that Apex Court has held that even for appointment of police person, the character of the person is the most important aspect to be verified by the appointing authority.
The police force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in the society. People repose great faith and confidence in it. A person having criminal antecedents will not fit in this category. Even if he is acquitted or discharged in the criminal case, that acquittal or discharge order will have to be examined to see whether he has been completely exonerated in the case because even a possibility of his taking to the life of crimes poses a threat to the discipline of the police force. The Standing Order, therefore, has entrusted the task of taking decisions in these matters to the Screening Committee. The decision of the Screening Committee must be taken as final unless it is mala fide.
Court further observed that in recent times, the image of the police force is tarnished. Instances of police personnel behaving in a wayward manner by misusing power are in public domain and are a matter of concern. The reputation of the police force has taken a beating. In such a situation, we would not like to dilute the importance and efficacy of a mechanism like the Screening Committee created by the Delhi Police to ensure that persons who are likely to erode its credibility do not enter the police force. At the same time, the Screening Committee must be alive to the importance of the trust reposed in it and must treat all candidates with an even hand. With these observations High Court dismissed the petition as no merit. (JNF) |
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