Incident Reports

No arrest warrant authority for APF: Experts

2015-05-31

Bagmati, Kathmandu, Kathmandu, Ward 10

As the government is working to amend some provisions in the Armed Police Force (APF) regulations, experts differ over whether or not the APF should be mandated to issue an arrest warrant. Many experts said authorizing the Armed Police Force to issue warrant goes against the basic spirit of its nature of work, which was basically formed to deal with armed conflict and riot control, among other similar works. Some of the experts, however, argued that allowing APF to issue an arrest warrant would not interfere with the role of Nepal Police because such warrants would not be for investigation. The Nepal Police is entrusted with the duties and power to arrest persons involved in criminal activities, issue arrest warrants, and investigate people remanding them in custody. But according to the existing APF regulation, the paramilitary force can make arrests under their jurisdiction but are not authorized to issue warrants and investigate.

Former Inspector General of Nepal Police Rabindra Pratap Shah said that the proposed provision allowing the APF to issue arrest warrant was impractical and principally wrong. "It will invite disaster in policing if APF is entrusted with issuing arrest warrants and investigating cases, undermining the role of Nepal Police," Former IGP Shah, who is also a member of Constituent Assembly (CA), said. He said that the APF continues to impinge on the roles traditionally seen as the domain of the Nepal police, be it in case of participation in Interpol or UN peacekeeping missions. Security Affairs Analyst Shovakar Budhathoki said, "It would be wrong to give the authority to issue an arrest warrant and investigate cases to APF according to international practices, democratic system, and constitutional boundaries." He said such a decision would lead to militarization in policing and the provision contradicts International Convention on Civil and Political Rights.

Similarly, Security Expert Deepak Prakash Bhatta said that it would be mere duplication of roles to authorize security agencies with similar roles. "If we are to begin debate on reviewing the roles of security agencies, we need to begin from reviewing national security strategies," he said. However, some APF officials requesting anonymity said that the issue is being unnecessarily exaggerated. According to them, the proposed amendment speaks about the issuance of an arrest warrant to the criminals in line with prevailing jurisdiction, they said, adding, we just want to fill the gap so that no criminals would benefit from loopholes. They claimed that many criminals get off the hook simply because of contradiction informal procedures. APF has to hand over the accused to Nepal Police for further investigation under the current provision. As per the former APF IGP Sailendra Kumar Shrestha, the new provision would not encroach upon the role of Nepal Police, if the APF is given special rights to issue arrest warrants and investigate specific crimes. APF is tasked with managing armed insurgency, separatist activities, control terrorist activities, control the riot, protecting VIP and vital installations, engage in rescue missions during disasters, protecting the international borders, and assist Nepal Army in case of foreign aggression.

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