After NCTC, Naveen Patnaik eyes RPF rules

BHUBANESWAR: A day after the Centre put on hold the launching of the National Counter-Terrorism Centre (NCTC), Chief Minister Naveen Patnaik on Tuesday opposed the proposed amendment to the Railway Protection Force (RPF) Act, 1957 saying that it is against the federal structure of the Constitution and infringed on the powers of the States. In a letter to Prime Minister Manmohan Singh, Naveen said the proposed amendment is in conflict with Article 246 of the Constitution. Stating that public order and police are State subjects, Naveen said  taking up amendment on these without consulting State governments is a clear infringement on their powers and against the federal structure of the Constitution. He requested the Prime Minister to ask the Railway Ministry not to proceed further in this matter. Entry 22, 30 and 93 of the Union list of subjects deal with railways, carriage of passengers and goods by railways and offences against laws with respect to anything in the union list. Entry 2 of the concurrent list deals with criminal procedure, including all matters in CrPC. “I understand that the proposed amendment seeks to provide powers of police officers to RPF personnel,” Naveen said, adding that this is violative of the provisions of the Indian Police Act, 1861. The justification, advanced by the Railway Ministry for conferring powers of police officers on the RPF personnel to enable them for investigation and arrest of culprits, is not at all convincing, he said. Stating that the railway tracks are not outside the jurisdiction of the States through which they run, the Chief Minister said similar arguments can be put forth by other establishments such as the Central Industrial Security Force (CISF), who are in charge of protection of airports, industrial undertakings and other vital installations. “I am constrained to point out that the Government of India is bent upon taking one step after another that are in conflict with the federal structure of the country and are against the interest of the people of this nation,” Naveen said. “It is understood that the Ministry of Home Affairs and the Ministry of Law and Justice, Government of India have already approved the proposal of the Railway Ministry,” he said.