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Did J&K DGP violate service rules by talking 'politics'?
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  • Did J&K DGP violate service rules by talking 'politics'?

Did J&K DGP violate service rules by talking 'politics'?

FP Staff • July 17, 2024, 12:00:21 IST
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Accusations against DGP RR Swain raises questions about adherence to the All India Services (Conduct) Rules, which mandate political neutrality for public servant

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Did J&K DGP violate service rules by talking 'politics'?
Jammu and Kashmir DGP RR Swain

Even as People’s Democratic Party chief Mehbooba Mufti went ballistic against Jammu and Kashmir DGP RR Swain, accusing him of being “more busy fixing things politically,” the circumstances leading to this situation are worth noting.

“He (Jammu and Kashmir DGP RR Swain) is more into how to crush PDP and how to harass the people,” Mehbooba told ANI, demanding, “the DGP should have been sacked by now.” She further alleged that the DGP was treating the local people in the Kashmir Valley as Pakistanis.

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#WATCH | Srinagar, J&K: PDP Chief Mehbooba Mufti says, "There is no accountability. By now the heads should have rolled. The DGP should have been sacked. Almost 50 soldiers have lost their lives in the last 32 months... The current DGP is busy fixing things politically. His job… pic.twitter.com/Y1HaywhJpL

— ANI (@ANI) July 16, 2024
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“We do not need a ‘fixer’ here, we need a DGP. We have had many DGPs from outside here earlier as well. They have done good work. No one worked on communal lines but today it is done on communal lines. Employees are being sacked on charges of corruption. Most of them are from the majority community. The incumbent DGP has alienated the local people. He is treating them as Pakistanis,” the PDP supremo stated.

Both the National Conference (NC) and the People’s Conference expressed strong objection to the police chief’s remark, labelling it as inappropriate and disrespectful to the sacrifices of their party workers.

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“By making this statement, the DGP has insulted the great sacrifices of National Conference leaders like Maqbool Sherwani, who kept misguiding Pakistani raiders for two days to facilitate the Indian Army’s landing in Kashmir in 1948, as well as that of Mohammed Yusuf Halwai, who refused to follow the diktats for a blackout by terror groups on Independence Day in 1989,” NC Kashmir zone chief Nasir Sogami told PTI.

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The NC leader stated that there can occasionally be individuals who stray from the norm within political parties, as well as among police and other security agencies. He emphasised that these instances are outliers and should not define the whole. He added that making such careless remarks only serves to diminish the sacrifices made by the people and aids adversaries across the border.

Senior Congress leader Ghulam Ahmad Mir criticised the statement made by the Jammu and Kashmir DGP, stating that it was irresponsible for a senior officer in his position. Mir emphasised that political parties had played a constructive role in the recent Lok Sabha election by encouraging public participation, which he deemed crucial for democracy and the Constitution.

Senior CPM leader MY Tarigami remarked that the DGP should confine himself to his own position, while People’s Conference president Sajad Lone characterised the DGP’s comments as displaying disdain and contempt towards democracy.

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DGP Swain’s remarks and context

Amid strong criticism from political parties directed at the Director General of Police of the Union Territory, the central question arises whether the remarks by the Jammu and Kashmir DGP, which provoked a response from the PDP chief, were politically motivated. On Monday, DGP Swain asserted that during the insurgency, Pakistan had infiltrated crucial sectors of civil society in Jammu and Kashmir, with mainstream regional parties allegedly nurturing leaders associated with terrorist networks for their own political advantage.

According to an ANI report, DGP Swain addressed students at the Orientation programme at the Indian Institute of Management, stating that Pakistan had successfully infiltrated various sectors of civil society due to the influence of mainstream or regional politics in the Valley. He mentioned that there was substantial evidence indicating that many individuals engaged in contradictory behaviours, which perplexed and intimidated both the public and security forces.

Swain further noted that it had become customary to visit the homes of slain terrorists and publicly express sympathy. He highlighted that while the elimination of new recruits in terrorism was permitted and implicitly encouraged, those involved in recruitment and financing were never scrutinised. Additionally, he remarked on the arrest and imprisonment of SP rank officers alongside terrorists for crimes they had not committed.

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Certainly, everyone has the right to their opinion. Who is correct or wrong is a separate issue. The crux of the matter lies in whether the DGP should be making such public statements, especially directed towards political entities, albeit without naming any specific party. Those well-versed in politics easily discerned the targets of his remarks.

All India Services Conduct Rules and DGP’s actions

According to Rule 3(1) of the All India Services (Conduct) Rules 1968, “Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.” It further mentions in Rule 3(1) (1A) (ii) that “every member of the Service shall maintain political neutrality.”

DGP Swain’s statement can be readily viewed as political ammunition for parties opposed to those rooted in Jammu and Kashmir, particularly in the Kashmir Valley.

Again, Rule 3 of the All India Services (Conduct) Rules 1968 states that every member of the Service shall “maintain integrity in public service” and “act with fairness and impartiality and not discriminate against anyone.” It also states that the individual will “perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.”

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Moreover, according to Rule 5 of the All India Services (Conduct) Rules 1968, “No member of an All India service shall be a member of, or be otherwise associated with any political party or any other organisation which takes part in politics, nor shall take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.”

At first glance, DGP Swain’s statements appear to contradict the rules stipulated in the All India Services (Conduct) Rules 1968. The message conveyed is detrimental to both society and the government. In the present climate, garnering support from local residents is crucial and such remarks are likely to further alienate them.

Need for government intervention

While this situation has clearly taken on a political dimension, it is essential for the government to address it not only through political means but also in accordance with established rules and regulations. Setting the right tone now is crucial to prevent escalation into a more acrimonious dispute.

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