Appointment of spl police officer Section 13 of ITPA

From: "Uma Chatterjee" <uma@sanjogindia.org>
 Date: Jul 7, 2015 12:25 PM
 Subject: urgent enquiry
 To: "Ram Mohan" <helpap@gmail.com>,

 Dear Mr. Ramamohan

 Good afternoon! This is Uma Chatterjee from  SANJOG kolkata...hope you and the entire team at HELP are
 fine and well. 
 Mr. Ramamohan,am writing this mail for a favour.  I have heard that there is an official GR passed by the AP
 government which authorizes Sub-inspector level (SI) police  officers to be given the charge as Special officers to  investigate ITPA cases. The reason this was passed was  because of the inadequate number of Inspectors in the State.
 Is this something correct, Ramamohan ji? If yes, will it be  possible for you to share a copy f that GR/GO with
 us.
 In west Bengal we have a similar situation and  one of the reasons for poor ITPA application in the villages
 and districts of west bengal is that there no Inspector  level police officers available at that level. This is
 causing huge injustice for survivors and we would like to  lobby for this. 

 If there is such a precedence in AP, then this  will further strengthen our case with the Department of Home
 here.
 Do let me know Mr. Ramamohan about this. And  thank you in advance for this.

 Warm regards,
Uma Chatterjee SANJOG
09830244220

-------------------------------------------------

Response from:

Sri. S UMAPATHI, IPS Rtd

Insp. Genl. of PoliceI/c 

AP Police Manual AP DGP Office

Hyderabad - 500 004 

M: 9440700900

Dear Ram Mohan,

As per sec.13(2) of I.T.P.Act, the Special Police officers shall be of the rank of Inspectors of Police(Act 46 of 1978) and accordingly, A.P.government have issued the G.O.in 1991, vide G.O.Ms.No.475, (Home Pol-D) Department dt. 16-8-1991 appointing Asst.Commissioners of Police and Inspectors of Police as Special Police officers. However, the A.P.Government, have also appointed Sub-Inspectors, Head Constables and Constables including Women officers to ASSIST the Inspector of Police to conduct/rescue i.e.to say that the Subordinate staff will be witnesses for the raid and rescue. 

However, when the Inspector of Police is busy, he may as per section 14(ii) of ITP Act, authorise Subordinate officer to conduct raid/rescue.  In exceptional cases, the S.I.of Police, who is specially authorised by the Special Police officer(by phone/SMS/General diary entry) he may conduct the rescue?raid to prevent loss of valuable evidence/destruction/concealment of evidence.

 In any case the S.I.of Police has to send a report to the Inspector of Police, i.e.Special Police officer.

As of now, no amendment was issued by the A.P.Government, appointing S.I.of Police as Special Police officer.  Unless, the Original ITP Act, Sec.13(2) is amended, no such appointment can be issued by the State Government.

Thanking you

Yours  Truly

(S UMAPATHI, IPS Rtd)

Insp. Genl. of Police

I/c AP Police Manual

AP DGP Office

Hyderabad - 500 004

9440700900

Winner of "2010 Hero Acting to End Modern- Day Slavery Award of US State Dept." June 2010