HUMAN RIGHTS AND LEGAL ASPECTS

OF CI / CT OPS
 ARMED FORCES SPECIAL POWERS ACT

1. UNION GOVT CAN INVOKE THIS ACT IN

ANY DISTURBED AREA
2. CONFERS ENORMOUS POWERS ON
OFFRS, JCOs AND NCOs TO :-
(a) OPEN FIRE OR USE OF FORCE
AGAINST A PERSON ACTING IN
CONTRAVENTION TO PROHIBITORY
ORDERS.
(b) DESTROY ARMS, WPNS, FORTIFIED
POSN, SHELTERS OR TRG CAMP OR
HIDEOUTS.
 (c) ARREST ANY PERSON WHO HAS
COMMITTED AN OFFENCE OR IS SUSPECTED.
(d) ENTER AND SEARCH W/O WARRANT
(e) STOP AND SEARCH ANY SUSPECTED VEH.
(f) OPEN THE LOCK OF ANY DOOR, BOX ETC,
IF KEY WITH HELD.
3. HANDOVER ARRESTED PERS AND SEIZED MTRL
TO OIC POLICE STN W/O DELAY.
4. NO PROSECUTION OR LEGAL PROCEEDINGS
AGAINST ARMED FORCES PERS EXCEPT WITH
SANCTION OF CENTRAL GOVT.
 SPECIAL FEATURES OF ARMED FORCES
SPECIAL POWERS ACT(APPLICABLE TO J&K)

1. STATUS OF SF.
2. ARREST OF SUSPECT & HANDING OVER TO
POLICE.
3. HANDING OVER OF INJURED SUSPECTS.
4. RELEASE OF APPREHENDEES.
5. PRESENCE OF POLICE REP DURING OPS.
6. SEARCH OPS.
 DO’s AND DON’T’s
(WHILE OP IN LIC ENVIRONMENT
DO’s
1. BEFORE OP
* ACT ONLY IN AREA DECLARED
DISTURBED.
* POWERS EXERCISED ONLY BY OFFRS /
JCOs / NCOs.
* OBTAIN DEFINITE INFO BEFORE RAID /
SEARCH.
* COOP WITH REP OF CIV ADM
2. DURING OP
* OPEN FIRE WHEN ESSENTIAL AND AFTER
DUE WARNING.
* ARREST ONLY THE GUILTY.
* SEARCH/ARREST WOMEN IN PRESENCE
OF FEMALE POLICE.
3. AFTER OP
* PREP LIST OF PERS ARRESTED AND
SEIZED ITEMS.
* HANDOVER ARRESTED PERS WITH
REPORT TO POLICE ALONG WITH
INCRIMINATING ITEMS SEIZED.
 * OBTAIN RECEIPT.
* MAKE RECORD OF ALL ACTIVITES.
* PROVIDE MED RELIEF TO INJURED.
DONT’s
• DON’T KEEP ANY ONE IN CUSTODY
UNNECESSARILY.
• DO NOT USE FORCE AFTER ARREST.
• NO CUSTODIAL DEATH.
• NO THIRD DEGREE METHOD.
• DO NOT RELEASE ANYONE ON YOUR OWN.
• DO NOT TAMPER WITH OFFICIAL RECORDS.
• DO NOT MAN-HANDLE.
• ENSURE THERE IS NO CUSTODIAL DEATH.
LIKELY SITS AND DESIRABLE PESPONSE
WHEN CONFRONTING (a) CONCEPT OF MIN
MILITANTS INA FORCE AND EXERCISING
CROWDED PLACE RESTRAINT.
OR (b) NEVER ADOPT
WHEN RIOTERS/ RETALIATORY
AGITATORS REFUSE TO MEASURES.
DISPERSE WHEN (c) WHEN OPENING
ORDERED TO DO SO FIRE ATTEMPT SHOULD
BE TO INCAPACITATE.
(d) ATTEMPT TO NAB
VOCIFEROUS ELEMENTS
RING LEADERS &
CULPRITS
(e) CONT TPS FROM
BECOMING TRIGGER HAPPY.
TPS TO BE TRAINED
ACCORDINGLY.
(f) INCORPORATE
VILL/COMMUNITY/SOCIETY
ELDERS AS ``EYE
WITNESSESS’’.
(g) IMDT MED AID TO
INJURED.
(h) RESTORATION OF
NORMALCY THROUGH
PUBLIC ADDRESS AND MEDIA
BLITZ.
2. CHANCE (a) GUARDED RESPONSE
ENCOUNTERS AGAINST IDENTIFIED
BETWEEN SECURITY MILITATS/ MISCREANTS.
FORCES AND (b) CIVS SHOULD BE
MILITANTS IN THE GIVEN AN OPPORTUNITY
VICINITY OF CIVS TO GET AWAY AFTER
WITH MILITANTS APPROPRIATE SCRUTINY
ATTEMPTING TO WHEN EVER POSSIBLE.
MERGE WITH THE BEFORE USING FORCE,
CIVS. ADEQUATE WARNING
SHOULD BE GIVEN WHEN
PRACTICABLE.
(c) TPS BE CAUTIONED
AGAINST BECOMING
TRIGGER HAAPY.
3. WHEN OWN TPS(a) TO GD AGAINST THESE
HAVE SUFFERED CASSIT, CDRS, THROUGH
DURING AN ON-CONSTANT EDN, SHOULD PREP
GOING CI OPS. THEIR TPS FOR SUCH
EVENTUALITIES.
(b) LATERAL AND VERTICAL
PASSAGE OF INFO MUST BE
ENSURED.
(c) IMDT INTERVENTION AT
APPROPRIATE LEVEL,
SHOULD AN ADVERSE SIT
DEVP. PRESENCE OF SR CDRS
OFTEN ENSURES THAT FORCE
IS USED JUDICIOUSLY.
4. POSSIBILITY OF (a) EDUCATE TPS TO
ACTS OF INDISCP BY DESIST FROM SUCH
OWN FRUSTRATED TEMPTATIONS.
TPS, VIZ, RAPE, (b) TO GD AGAINST
MOLESTATION & FABRICATED
LOOTING ETC., OR ALLEGATIONS:-
WHEN SUCH AN ACT
(i) UNDER TAKE JT
HAS TAKEN PLACE. OP WITH POLICE OR
POLICE REP SHOULD
BE ALWAYS
PRESENT.
(ii) EMP OF WOMEN
POLICE WHEN
WOMEN ARE LIKELY
TO BE INVOLVED.
 (iii) PRESENCE OF
VILL/SOCIETY ELDERS
DURING OPS.
(c) IMDT INVESTIGATION
(d) APPROPRIATE
PUNISHMENT TO THE GUILTY.
•(e) INFO TPS OF THE
PUNISHMENT METED OUT.
5. FALSE (a) A WELL CHALKED OUT
PROPAGANDA BY PLAN TO KEEP THE MEDIA
MILITANTS OR UPDATED ON THE OPS OF THE
MEDIA FOR ARMED FORCES W/O
SENSATIONALISM COMPROMISING SECURITY.
OR BY VESTED
INTERESTS
 (b) REGULAR BRIEFING OF
THE MEDIA BY
PROFESSIONAL PRO TO BE
ORG.
6. FALSE
ALLEGATION BY (a) ARMED FORCES TO
CIVS, SUPPORTIVE INTERACT WITH THE MEDIA
AND OTHER RELATED ORGS
OF OR AT THE
AND TO INVESTIGATE AND
BEHEST OF
MILITANTS. REBUT AT APPROPRIATE
LEVEL. THEY SHOULD
DISPLAY EXEMPLARY CODE
OF CONDUCT.
MAJOR HUAN RIGHTS (VIOLATIONS)

1. RIGHT TO FREEDOM (WHERE IN NO ONE

SHALL BE SUBJECTED TO ARBITRARY ARREST,
DETENTION OR EXILE).
2. RIGHT TO LIFE, LIBERTY AND SECURITY OF A
PERSON.
3. CRUEL, IN HUMAN AND DEGRADING
TREATMENT OR PUNISHMENT.
4. INSURFFICIENT MED CARE.
 LESSONS LEARNT
1. ARREST OF INNOCENT PERS.

2. ABSENCE OF A MAGISTRATE / POLICE RAP.

3. TORTURE AND INHUMAN TREATMENT.

4. COVER UP STORY.

5. HANDING OVER TO THE POLICE.

6. MED CARE.