PRAKASH CHAND Vs. STATE OF J & K

JUDGEMENT

(1.) APPELLANTS came to be appointed as Special Police Officers. Such appointments are visualised by the Police Act. 1983 (1927 A.D). The appointments are made under section 18 of the Act. The rights and powers of such officers stand mentioned in sections 19 and 20 of the Police Act. The services of the appellants were brought to an end.

(2.) THE plea put across by the appellant is that they are regular civil servants and they should be governed by the provisions of the J&K Civil Services Regulations and they should also be given protection of section 126 of the Jammu and Kashmir Constitution. This argument did not find favour with a learned Single Judge of this Court. The writ petition Stands dismissed. An appeal has been preferred.

(3.) BEFORE noticing the contention put across by the appellants, it would be apt to notice the provisions of sections 18 and 19 of the Act. Sections 18 and 19 reads as under: "18. Special Police Officers. - When it shall appear that any unlawful assembly or riot or disturbance of the peace has taken place, or may be reasonably apprehend and that the Police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehend, it shall be lawful for any Police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighborhood as such Police Officers may require to act as Special Police Officers for such time and within such limits as he shall deem necessary and the Magistrate to whom such application is made shall unless he see cause lo the contrary comply with the application. 19. Powers of Special Police Officers: -Every Special Police Officer so appointed shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the the same penalties and be subordinate to the same authorities as the ordinary officers of Police. 