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Powers of arrest to APF flout criminal justice system: Nepal Police

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KATHMANDU, July 1: Nepal Police has raised serious concerns over the decision of the bills committee of the cabinet to grant the Armed Police Force (APF) powers to issue arrest warrants, citing contradictions with the criminal justice system.

The bills committee gave its consent to the government to grant the APF authority to issue arrest warrants despite a parliamentary committee's instructions not to grant APF such authority. Parliament's Committee on State Affairs on Friday had directed the Ministry of Home Affairs not to grant APF the authority to issue arrest warrants, stating that the panel needed more time to discuss various ramifications of the issue.

According to Article 24(3) of the Interim Constitution, anyone accused of crime should be presented before an investigating officer within 24 hour of arrest."But if the APF is authorized to issue arrest notices, the time for preliminary investigations would be reduced to a minimum as these would not commence until the APF hands over the accused to the Nepal Police," said Nepal Police Spokesperson DIG Kamal Singh Bam.

"Because of the time constraints for the investigating officers, documents would not be prepared properly, resulting in several consequences which will directly affect criminal justice administration," he added.

Nepal Police has also said that the practice will go against legal practices and granting such authority to a paramilitary force might encourage the Nepal Army also to seek similar authority in future.

Joint Secretary Bharat Raj Gautam of the Committee on State Affairs said that the committee will take necessary steps after discussions at an upcoming meeting.

The Home Ministry earlier stated that there was no dispute between Nepal Police and the APF over jurisdictions and clarified that the APF would not be granted any parallel authority with the Nepal Police in matters of crime control.

Nepal Police against APF participation in Interpol

Meanwhile, Nepal Police has also lobbied against APF's participation in Interpol meetings, pointing out that the APF was not an investigating body but a paramilitary force.

Last week, Nepal Police had written to the Home Ministry regarding this matter.

A paramilitary force does not participate in Interpol meetings or conventions, lawmaker and former IGP Rabindra Pratap Shah said.

Interpol Nepal transmits messages about fugitives on the wanted list, kidnapped children, terrorism, drug trafficking and other criminal activities to assist police investigations around the world.

The head of NCB-Nepal (Kathmandu), Inspector General of Nepal Police, is the focal point for contacts and representative of the Federal Democratic Republic of Nepal.

The head of NCB-Nepal has been participating annually in the Interpol general assembly since 1967. The then home ministers, acting under political influence, decided on the participation of APF personnel also.

APF does not even have any voting right in the Interpol assembly, Nepal Police said.



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