Dealing with law and order

Dealing with law and order

Pralhad V. Kachare Dy. Collector, Nashik

Use of Force for maintenance of law and

order

UN Basic Principles on the Use of Force

•The police must invariably secure the presence of a magistrate when it anticipates a breach of peace.

•As a first measure, warnings to the mob should be given over the loud speaker to disperse.

•If this does not yield any result then the use of tear gas is to be resorted to, but only if the direction of the wind is favorable.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Keep Evidence

•So start with the presumption that you are standing on your own two feet in front of that mob and later on in front of that Inquiry Commission.

•Now before you use force, try to build up the evidence.

•You will be accountable for this use of force.

•The evidence build up is of various types.

8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Keep Evidence

•You are facing the mob, they are pelting you with stones, and constables are going down with injury.

•There will be one inherent contradiction when the mob is facing you and beating,

•and you have to decide the timing of use of force.

•The police want to go in early, naturally, because they are taking the beating.

•You want to restrain them to the farthest limit so that you build up the evidence that your hitting-back was justified.


Sequence of use of force•Give an oral warning over the mike or

the megaphone to mob to disperse in peace.

•If it fails, then you order use of tear gas, •then you order use of lathi charge•If it fails then you open fire aggressive

mob only.•But sometimes the events do not

permit it.•The sequence of events seldom follows

this in actual practice.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Tear Gassing & Effective Lathi Charge

•Firstly, if there are women and children in the mob, get them out of the way by good tear-gassing.

•Secondly, in a mob everybody there is not for a fight.

•A lot of people are there for tamasha. Once you start tear-gassing, the timid leave.


Commanding Force•After the lathi charge, when you come

to firing, take one precaution. •You will have four riflemen or ten

riflemen under a sub-inspector with you.

•Establish direct contact with that Inspector or Dy.S.P. or force commander.

•Tell him that you are the magistrate on duty.

•He will keep a watch on you and you will give that order of firing.

•Your command over the firing squad should be direct.


Commanding Force

•Secondly, when you do have to fire, see that your rifles are at safe distance; that when the firing starts, the mob cannot rush at them and overwhelm them.

•This safe distance is anywhere between 75 to a 100 yards.

•Keep that distance between the mob and your firing squad.


Commanding Force

•Thirdly, disengage the lathi police before firing.

•This is a difficult operation which takes time and delays firing.

•When you are firing, don’t fire a volley into the mob .

•Put in one bullet at a time. •The reason is that it is only the frontage

of the mob which sees the causalities falling.


Commanding Force

•People at back can hear the gunshot only.

•Now give them time to react, give them time to run away.

•If you tell your four riflemen to fire a round each, you will have four dead and the people at back might hear one gun-shot.

•Now how many rounds you will order depends on the mob.


Managing Aftermath

Casualties

Shifting of injured and dead persons in lathi charge/firing to hosptals

Casualties•After the use of force is over, look after the

casualties.

•Pick up the casualties as far as possible because these casualties if in the hands of the mob, can be very embarrassing evidence.

•Also, it is your responsibility to see that the injured after the fight received adequate medical treatment.

•Apart from the injured, the dead bodies can cause you a problem. 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Inquest, Post mortem & thereafter•Carry out thorough Inquest as quick as possible•Get post mortem done.•The relatives and netas after the post-mortem will try

to take the dead bodies, •They may try to take out a procession the next day,

and you will have another mar pit on your hands. •Now make an attempt that day specially with the

families of the deceased, •Let them have a quite funeral and no tamasha the

next day. •Do not allow to play on their sentiments that

whatever the politics, •Only allow a quiet dignified funeral,


Managing Press

Be Open & Transparent

Official Version in press•Also get your version in the press in time. •Next morning, when it comes out in the

press, there will be three versions. •There will be version of the aggrieved party

and their leaders.•There will be the version of the eyewitness

account of the press reporters who have reached the spot.

•There must be your official version. •Because if your version comes the next day,

it is lost.•What strikes in people’s mind, which

includes MLAs, MPs, your own seniors sitting in the Ministry is what they read in the newspaper that day first time.


Keep watch on media reports

•Media is very vigilant and dynamic

•Keep watching print media and electronic media for what is being published or broadcast.

•Keep media in good humor so they can help out informing people in right manner.

•Do not hide or do not be defensive.

•Keep communication channels open

•All the time take Police Authorities along with you


Keep track of FIRs

•Get reports from policeKeep track of •Police force deployment•Arms used•Rounds fired.•Persons arrested•FIRs lodged and words used in FIRs.•Few sentences in that FIR are worth tones of

oral evidence led later on in Inquiry.•Material seized by police from the spot.•Combing operations carried out.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Evidence•Keep video graphic record of all events.•The constables are getting injured and going

to the hospital. •The casualty ward will enter the time of

reporting. •The injury report will say what type of an

injury, blunt instrument, sharp edged instrument, fire arm, acid burn, stabbing, etc.

•Now that will tie down the story of what weapon was used on you or the police.

•Eye witness account•These people are believed by the

commission because they are not a part of the fight, they are third party witnesses.


Evidence•Also, keep one officer in police control

room and one person in Hospital take first hand reporting.

•when you are taking this street fight, a lot of police wireless messages are flying and these messages are in a number of copies.

•They go to various offices and they are produced before the commission.

•Often they will strip you up if you try to tell them a blatant lie.

•Keep track of all this.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Evidence•Scan and read all the press/media reports carefully•Somebody might have taken a photograph •The reason is that no ‘marpeet’ situation is totally

straight. •There are a lot of rough edges to it and you have to

polish them. •You have ordered one platoon to lathi charge and

two platoons ran in and used their lathis. •Do you tell the commission that one platoon was not

under orders? •You ordered two rounds and three rounds were fired

and three people killed. •Do you put the third constable on charge? •You cannot do that; you have to cover up.


Be professional•Regarding your personal conduct in all these

things, do not bear a personal grudge. •You are hitting at people, they will hit back at

you. •There is nothing personal about it. •They have broken my arm, they have broken

my leg,•I have taken three stitches in my head, •I have been shot at but it is a part of official

business. •So as a professional, outside your duty,

de-escalate with the people you hit. •It can be done and should be done.


Be Courageous•And lastly, the reason to keep it limited is courage.•You see, do not be ashamed if you feel fear in such a

situation. •I have felt a tremendous amount of fear in this dirty

work.•Fear is the normal human reaction to danger. •But courage, I may define negatively. •Courage is how you control your fear. •And this is not inherent to anybody. •It comes out of practice. •Whenever there is violence, there are

demonstrations, keep going to the spot. •Get the feel of how mobs form, how the police

behaves, how this conflict takes place and over years by practice, you will learn to control fear.

•And you will be called a courageous man.


When you sense trouble

•If possible, pre-empt the trouble.

•If it erupts, swift use of force and preventive clamp down.

•If trouble beyond that, evacuation, guarded camps and supplies.

•Prevent looting. •Peace committees of various

communities.


I. Four types of assistance

•a) maintenance of law and order.

•b) maintenance of essential services.

•c) assistance during natural calamity.

•d) other types of assistance, development projects.


II. Section 130 Code of Criminal Procedure

•It is a requisition. •Armed forces bound to carry it

out. •by executive order limited to 10

days, beyond that a govt. decision. 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

III. Apart from dispersal of unlawful assembly, other types of assistance:

•a) Demonstration marches.

•b) Patrol.

•c) Picket.

•d) Post.

•e) Quartering a locality.

•f) Rallying post.

•g) Refugee camp. 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

IV. a) Not under your command, but specific requests

•Coordination necessary between various forces.

•Division of work between various forces.


Three types of control measures•Clamping and enforcing curfew, •Ensuring large-scale arrests•and Peace Committee Meetings. •Each method has its own limitations. •Curfew results in large-scale hardships. •It sharpens the anger of the entire community and

focuses it against the police.•Large-scale arrests tend to be arbitrary and often of

antisocial elements most of whom may not participate in rioting.

•Peace committee meetings sharpen the communal identities of the leaders.

•Can there be other more successful methods of control? 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Use of Punitive Police

•RAF is armed with sophisticated equipments like shock batons, rubber bullets and plastic pellets which though non-lethal, are effective deterrents.

•The purpose is not to maim or injure but to dissuade the rioters.

•To maintain a separate identity, RAF personnel have been provided with a distinct separate uniform.

•While on operational duty, they wear blue /light blue striped overalls (dungarees).


Use of RAF

•The Force is also equipped with special tear smoke munitions and stun grenades apart from normal riot control equipment.

•The stun grenade which produces a flash and a deafening sound blast helps disperse mobs without causing injury.

•The dye market stains the clothes of the rioters and helps identify the miscreants.

•The goal of RAF is to achieve what is called Zero Response Time 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Role of District Magistrate•The District Magistrate is vested with powers to

control both civilian administration and the police force and is responsible for the maintenance of peace in his jurisdiction .

•At district level the police force is under the general control and

•direction of the District Magistrate although technically speaking the District Superintendent is its departmental head.

•This system of ’dual control’ over the police force has been inherited from colonial times and is meant to ensure that the civilian administration of the area acting in concert with the law enforcement agency can effectively coordinate the movements and actions of

•the civil and armed police force to prevent and tackle emergent situations like communal violence.


A stitch in time saves nine•routine intelligence gathering to

prevent build up of tension.•In a riot prone area intelligence

gathering is envisaged as both long and short-term preventive measure.

•activities of organised communal groups be kept under constant watch

•identify and then•keep a weather eye out on potential

instigators.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

A stitch in time saves nine•every police station to prepare a

separate list of persons with a communal bent of mind of both communities for their jurisdiction.

•Handbills, posters, Banners, false news reports, rumors, and now cell phones and

instant net communications, are the major vehicles through which communal disturbance spreads from a local incident to neighboring areas like wild fire.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Keep watch

•keep a close watch on the objectionable activities

•and utterances of fanatical leaders of communal organisations

•and initiate action according to the law against them if their activities are likely to endanger communal harmony


IPC SECTION OFFENCE PUNISHMENT•153 Wantonly giving provocation, with intent to

cause riot if rioting be committed 1 year in prison of fine or both

•153A Promoting enmity between classes 3 years in prison or fine or both

•153A Promoting enmity between classes in a place of worship 5 years in prison or fine or both

•504 Insult intended to provoke breach 2 year prison term or fine of peace or both

•505 False statement, rumor etc. circulated with intent to cause 3 years prison term or fine or offence against public peace both

•505 False statement, rumors etc. with intent to create enmity, hatred or ill 3 years prison term or fine or will between different classes both

•505 False statements, rumor etc. made in a place of worship etc. with intent to create enmity, hatred or ill- will 5 years prison term and fine


District Magistrates Role•It is the District Magistrate who is primarily tasked

with maintaining peace in his area. •It is his duty to gather intelligence consistently,

assess the risk and keep the government well informed about any breaches of peace.

•He is vested with powers to control both civilian administration and the police force.

•The DistrictMagistrate’s powers, if properly exercised an implemented, in coordination with the District Superintendent are ample for preventing communal outbursts or quickly nipping them in the bud at the first signs of tension.

•This is the core rationale for vesting so much discretion in the hands of the Magistrate as head of the district administration.


Prohibitory Orders•The District Magistrate has similar powers to

issue prohibitory orders under the Criminal Procedure Code.

•As soon as tension develops the District Superintendent of Police can ask the Magistrate to issue orders that prohibit more than four people from assembling together.

•Entry of undesirable persons in a city/town can also be prevented under this section.


Search and Seizure of Arms and Explosive Substances

•Search and seizure operations at the premises of a suspect or to stop and search any vehicle on the road and seize any arms or ammunition that may be found in them.

•A mere suspicion of breach of peace or that the provisions of the Arms Act are being violated is sufficient ground for conducting these search and seize operations.

•The Magistrate has the power to seize licensed arms and ammunition if he has reason to believe that they are likely to be used for disturbing public peace.

• If past experience with violence creates any apprehension that arms and ammunition with authorised dealers or of the licensees may be handed over to potential miscreants or

• the rioters it would be expedient to freeze the stock and prevent dealers from selling and illegally distributing the same.

•The Bombay Police Act empowers every police officer to confiscate corrosive or explosive substances from individuals who are carrying them in an area, which has been placed under prohibitory orders.

•At the same time the Manual and Scheme enjoin the administration to be particularly mindful to ensure that minorities in the respective areas are afforded full protection or

•else they would be otherwise rendered helpless to even defend themselves.


The Riot Scheme•Riot scheme necessary where there is

history of communal conflict.

•The Scheme is directed at the police and kept in each police station.

•The Scheme is a comprehensive compilation of guidelines, procedures, and crucial information and instructions, designed to prevent or control communal disturbances effectively without having to wait for orders from superior officers.


General FailuresThe reasons for failure may range

•from poor risk assessment,

•failure of intelligence,

•lack of information about evolving situations

•or non-adherence to mandated procedures that are aimed at ensuring that brewing trouble is detected early and nipped in the bud.

•All these merely point to a complete lack of administrative competence.


Quality Punitive Action•If prohibitory orders issued under the Bombay

Police Act and/or the Criminal Procedure Code have failed to prevent the formation of an assembly of five or more persons intent upon committing violence, all executive magistrates, or station officers-in charge, or in their absence any police officer of the rank of Sub Inspector and above have the power to declare such an assembly unlawful and command it to disperse.

•If mob formation takes place within the jurisdiction of an outpost or chowki on the spot officers from Sub Inspector to head constable can command the mob to disperse.

•If an officer of Sub Inspector rank or above is not available on the spot, the head constable (Jamadar) in-charge has the power to command the mob to disperse.


Difference•Bombay Police Act

section 37(3)•Orders by DM/ADM•In force for 15 days•Breach punishable u/s

135 od B.P.Act•Cognizable u/s 70,72, &

79 of B. P. Act•Police can lodge

complaint.•No order of curfew can be

passed.•Executive orders

•Cr. P.C. section 144•Orders by DM/ADm

/SDM./EM specially empowered.

•For two months•Brach punishable u/s 188 of

I.P.C.

•Cognizable u/s 188 IPC, vide schedule first of Cr.P.C.

•Complaint to be filed as provided in section 195 of Cr.P.C.

•Curfew order can be passed.

•Judicial orders.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

UN Basic Principles on the Use of Force

•use of force in dispersing non-violent unlawful assemblies should be avoided

•and if that is not possible, then minimum force should be used.

•In the case of violent unlawful assemblies, firearms should only be used if less dangerous means are not available and only to the minimum extent necessary.


Use of Force•If not or the mood of the mob suggests

that tear gas may not be effective the senior officer or the Executive Magistrate present can decide on (baton) charge.

•Lathi charge can only begin if the crowd refuses to disperse only after suitable warning has been issued.

•Clear warning of the intention to carry out a charge should be given in a language understood by the crowd. 8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Lathi Charge

•If the police magistrate or officer in-charge is satisfied that it is not practical to give a warning, s/he may order a charge without warning.

•blows should be aimed below the waist at soft parts of the body and contact with the head should be avoided as far as possible.

•The blows must not cease until the crowd is completely dispersed.


Firing as last resort• It is only as a very last resort that deadly force in the form of

police firing into a crowd can be resorted to. •This only when all other means to disperse an unlawful

assembly have failed. Even then there is a carefully graduated procedure to be followed.

•Firing can only take place with the permission of the Magistrate.

•Before resorting to actual firing the Magistrate or police officer present should give sufficient and clear warning to the mob through loud speakers.

•Rioters should be warned that no blanks will be used and that firing will be effective.

•But it is also important to emphasise here that firing should be well controlled and kept at a minimum.

• It is the responsibility of the senior most police officer present to decide whether in the first instance firing will be in the air and only then on the unruly crowd.

•Three warnings must be given in sequence before force is used.

• If the mob has not dispersed,


How to order Firing ?•If the mob has not dispersed, despite

repeated warnings and firing, only then can armed police direct fire at the mob, and even then it must only be at the most threatening part of the mob and aimed low to avoid fatalities.

•The object of the firing is not to kill anyone but to incapacitate temporarily.

•Therefore, the police are required to aim at the legs and never at the head or the torso.

•However, firing is required to be with live ammunition and not with blanks.

•When giving the order to fire, the Magistrate/police officer ordering the firing must indicate the number of rounds to be fired at a particular time


Firing•An accurate diary of all incidents, orders and

action along with the time of occurrence has to be maintained by the police.

•This will include individual reports by all officers involved in the firing.

•When police firing has taken place under the orders of the Magistrate then no magisterial enquiry needs to be instituted

•unless specially ordered by the government.8/27/2010 P.V.Kachare,Dy.Collector,Nashik

Dealing with law and order

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