Srinagar- The High Court of J&K and Ladakh has upheld dismissal of a CRPF soldier for his failure to “stop or shoot” his colleague, who had been on a killing spree at Chief Minister’s residence in Jammu in 2006. The court observed that a security personnel, who has no courage to face an armed colleague, who has gone astray, has no place in a brave force like the paramilitary force.
“In the instant case, ……, the petitioner (sacked CRPF personnel) has been found to be negligent in performing his duties as sentry on a vital location like CM’s residence. If the security personnel posted at the residence of a high constitutional functionary like CM are allowed to go scot free for their remissness, it would amount to compromising the security of the Chief Minister,” a bench of Justice Sanjay Dhar observed while dismissing plea,” adding, “A security personnel, who has no courage to face an armed colleague, who has gone astray, particularly in a place like CM’s residence, has no place in a brave force like CRPF. Such people do not deserve to be part of such a valiant force which has sacrificed hundreds of its jawans and officers while fighting against enemies of the nation.”
Subsequently, the court while upholding the dismissal of the personnel said that the punishment imposed upon him by authorities can by “no stretch of imagination be termed as ‘disproportionate’.”
The court was hearing a petition by Ex-Ct/GD Om Parkash, challenging his dismissal from services after was detailed on Sentry duty in Morcha No. 11 at then Chief Minister’s residence Jammu on March 3 from1800 hours to 2000 hours.
As observed by the court based on pleading of the parties, on the same day, at about 1945 hours, one Constable Anand Kumar Singh left the Sentry Post no.3 with his personal rifle and rushed to the Company office and fired a few rounds at Inspector Mohan Shyam. He also fired at Head Constable H.N. Pandey which led to his death. Thereafter, Kumar reached Morcha No. 11 where Om Prakash was standing on sentry duty and he enquired from the petitioner about Head Constable Vipin Kumar. He also told him that the company would be smashed away by him and that he would kill all of them. Constable Anand Kumar Singh proceeded towards the company mess and shot dead Head Constable Yogender Jha and escaped from Camp through gate No. 11 and whereafter he surrendered before the Police Station, Peer Mirtha, Jammu.
In his plea, Prakash had stated that he has not committed any dereliction of duty while manning Morcha No. 11 at the relevant time while authorities contended that he was remiss in performance of his duty as he failed to stop assailant Constable Anand Kumar Singh by firing upon him, in spite of being fully armed at the relevant time. They said Om Prakash has shown “cowardice and slackness in his duty, even though he had ample opportunity to stop or shoot Constable Anand Kumar Singh.”
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