UP Congress Expresses Displeasure Over Formation of Force Which Can 'Search, Arrest Without Warrant'

Uttar Pradesh Congress has termed the formation of Special Security Force by the state government as ‘illegal’ and claimed that the force would be used to suppress the voice of dissent in the state.

”The BJP government in the state has formed this Special Security Force to suppress the youth who ask about jobs, who raise voice against injustice, corrupt officials and who question the deteriorating law and order situation in the state. This formation of SSF is completely unconstitutional. The constitution gives a right to everyone that arrests without a warrant are illegal, but unfortunately, this dictat has been bought by the government to keep the dissenters quiet,” UP Congress Spokesperson Anshu Awasthi said. Congress party will fight against this unconstitutional formation of SSF from the roads to the Parliament, he added.

As per the notification issued by the state government on Sunday, the authorities are setting up the Uttar Pradesh Special Security Force (UPSSF) which will be empowered to make ‘arrests’ and conduct ‘searches’ without any prior warrant.

The court will not take cognisance against officers and other employees of SSF without the permission of the government. The force will be given responsibility for the security of important government buildings, offices, and industrial establishments. Private companies can also take the services of SSF after making an official payment.

An officer of the additional director general (ADG)-level will head the force that will be headquartered in the state capital of Lucknow. On 26 June, Chief Minister Yogi Adityanath had approved the formation of the Uttar Pradesh Special Security Force. Following the CM’s nod, the Home Department issued the notification on Sunday.

According to the special power given to the force, if its members find a reason to believe that an offence referred to in Section 10 has been committed or is being committed and the offender has no opportunity to escape or to hide the evidence of the crime if a search warrant cannot be obtained, then the individual can be detained.

The officer can immediately search that person’s property and house and if the official thinks that it is deemed fit, then the individual can also be arrested.

“The director-general of police, Uttar Pradesh, has given nod for the Uttar Pradesh Special Security Force. The UPSSF will be deployed for security of airports, courts, industrial institutions, metro rail, religious places and industrial institutions. The headquarters of the UP SSF will be in Lucknow and it will be headed by an ADG-level officer,” Additional Chief Secretary (Home) Awanish Kumar Awasthi said.

Initially, five battalions of the UPSSF will be formed and all of them would have separate ADGs. As per rule, the UPSSF would operate under a separate Act. In the first phase, 9,919 personnel will be deployed with the force. Later, 1,913 additional posts will be created. The initial five battalions would cost the government around Rs 1,747.06 crore.