With a belligerent neighbour attempting to destabilise our country and a difficult internal security situation on our hands, the recent spate of clashes between the two important wings of the National Security apparatus - the Army and the Police, has come as a rude shock to all right thinking citizens and has caused anguish and concern. These are the visible symptoms of the deep seated rot that has set in in these organisations and it is high time that a fresh look is taken into the systems and procedures prevalent in these organisations to maintain discipline. No organisation should be allowed to undermine the efficacy of National Security apparatus to serve its sectarian interests.

To bring sanity to the warring groups, it should be made clear that indiscipline and unruly behaviour will be put down with an iron hand and the Nation is not prepared to tolerate childish and petulant behaviour on the part of its uniformed forces. The leadership of these organisations are to be held personally responsible for maintaining discipline and good behaviour amongst the personnel under them. It should be impressed on all, that a liberal Democracy functions on the basis that Rule of Law is supreme and none is exempt from its ambit. There are well-established procedures to seek redressal in case of any grievance and no one is permitted to take law into his own hands. Two wrongs can not make one right and the misdemeanour of one organisation can not serve as an excuse for the misbehaviour of the other.

Till long term solutions delineated here are established, both the organisations should observe restraint and decorum and follow certain simple rules of conduct. Army should advise all its personnel that all grievances against civil authorities including the Police, should be brought to the personal notice of the commanding officer of the unit, who alone will take up the matter with the appropriate civil authorities for necessary redressal. Under no circumstances, Army personnel should resort to direct action. They should be prohibited from taking their weapons outside their camps except while on bona fide duty. Police authorities should issue instructions to all formations including Station Houses, that all complaints against Army personnel should be treated as Special Report Cases and brought to the notice of Senior Supervisory Officers for investigation and disposal. Where police are the complainants or aggrieved party, no case should be registered against the Army personnel without clearance from the DIG of Police or the Commissioner of Police.

As part of the long term measure, the Union Government should appoint a Commission headed by a retired Supreme Court Judge. Other members on this Commission would be : a senior retired I.A.S. Officer of the rank of Secretary to the Government of India with experience of having worked in the Ministries of Defence and Home; a retired Lt.General from Army with infantry background and experience of having commanded a large peace-time Station; and a retired Director-General of Police from one of the Northern States having concentration of Army establishments and Stations.

This Commission will critically study all cases of Army-Police and Army-Public clashes that have occurred in the past three years and identify the root causes. It will pinpoint legal, administrative and other lacunae and suggest remedial measures. The Commission will submit its report in six months and the Government of India will complete action on the same in the next six months.

Liberal democracies function on Rule of Law and the principle of Equality before Law. These are basic to good governance. There are many pre-independent provisions in some of our statutes and procedures, which give a favoured treatment to Army personnel in respect of common crimes. The Law Commission should be requested to go into this aspect carefully and suggest suitable changes. While it may be necessary to give a free hand to the Army to deal with its own personnel in times of war and in theatres of operations, to exclude the Army personnel from the ambit of Criminal Justice System will be a travesty and against the principle of equality before Law. Law Commission should also be requested to suggest a suitable provision in the Indian Penal Code to deal with and punish rioting with fire-arms; causing grievous hurt with the threat of use of fire-arms; and damage to properties with the threat of use of fire-arms by personnel of the Defence Services, Para-Military Forces and the Civil Police. When a common crime is committed by a Defence or Police personnel in civil environs and not as part of his basic duty of defending the country, the civil law should be made applicable.

As for harassment of Army personnel by the Police, the existing provisions of Cr.P.C. and Departmental procedures to protect the citizens from such harassment are adequate and these are to be strictly enforced.

Certain administrative measures will reduce the scope for confrontation between the Army, Police and the Public. Till the seventies, one used to see Military Police Personnel frequently patrolling crowded areas like bazaars, railway stations, cinema theatres etc. and accosting unruly Defence personnel and taking action against them. In the past, instances of civil police being called upon to deal with recalcitrant Defence personnel were very rare. Now-a-days, Military Police on patrol are rarely seen. This age-old system of deployment of Military Police for patrolling duties should be revived and strengthened.

At present, the common man is not aware of the authority, to whom be should submit his complaints and grievances against Defence personnel. Most of these grievances are of a non-criminal nature and do not require police intervention. Yet, these are taken to the police by the common man. Army should appoint a senior officer at all important centres designated as Civilian Relations Officer. His name, rank, designation, address and telephone numbers should be well publicised and he should have his office in a central civilian location. People could go to him with their complaints and he should initiate necessary action to provide redressal. In complaints of criminal nature, he should forward the same to the police or the Courts for further necessary action. he should maintain close liaison with all civil authorities and take prompt and proactive action to ensure that these grievances do not snow ball into confrontations.

Police are the initiators and the gate-keepers of the Criminal Justice System. Their actions are open to judicial scrutiny. None can take umbrage at Police taking cognisance of a criminal offence. They are required to follow the principles of Criminal Procedure Code and Evidence Act in their work. This task can not be performed by any one else unless specially authorised under Law and vested with police powers. Thus, it is inevitable, where a criminal complaint is lodged against a Defence personnel, it is incumbent on the Police to register the same and investigate into it. Law does not provide for any exceptions nor for joint investigations. To ensure that investigations are done properly and no harassment is caused, all criminal cases against the Defence personnel should be treated as special report cases requiring the attention of superior officers.

Defence Services, particularly the Army, need the adulation, support and cooperation of the people to win wars. Those who have seen action in the Western Sector in the 1965 and 1971 Wars, would recall the support Army received from the public. This good will should be cherished and built up. Defiance and denigration of civil authorities; frequent clashes with the Police and the general public; and exhibition of unruly behaviour would tarnish the image of the Army and make the people lose faith and respect in them. Elitism is a virtue born out of professional competence; Egotism is a vice born out of vain glorious supercilious attitude. Conscious efforts are to be made to eschew ego and build up elitism.

It should be remembered, the clashes between the Army and the Police will bring down both the organisations in public esteem. They should develop respect for each other and strive to create an atmosphere of friendship and cooperation. There is no place for mutual recrimination and mud-slinging. Pulling down and denigrating one, will not automatically refurbish the image of the other. Both should move forward with outstretched hand of friendship. While at higher levels, there is frequent interaction both officially and socially, at lower levels this seldom takes place. Since clashes generally occur at the lower levels, both the organisations should initiate a special drive to bring their rank and file together. Combined ‘Bada khanas’ and cultural programmes could be thought of. It should be possible for the units of these organisations to ‘adopt’ one another for closer interaction and improved good relations.

The need of the hour is to put an end to the present climate of confrontation and move forward to an era of Army-Police Friendship.