Petition filed in Allahabad High Court challenging UP Special Security Force Act

A writ petition, filed in the Lucknow bench of Allahabad High Court on Tuesday, challenged the legality of the Uttar Pradesh Special Security Force (UPSSF) Act-2020, which was recently passed by the Uttar Pradesh legislature.

In his plea, petitioner Pankaj Tewari pointed out that the state does not have the legislative power to make laws for any other force, or constitute any other force, which does not come under the definition of police as provided in the Police Act, 1861.

The hearing for admission of the petition is yet to come up. Lawyer Asim K Singh filed the petition on behalf of the petitioner.

“The petition is challenging the validity of the aforesaid Act (Uttar Pradesh Special Security Force Act-2020) on the ground that the state legislature is not competent to confer power of arrest and seizure to an organisation (force) whose members are not police under the roll of the Police Act, 1861,” said the petitioner.

This special force will be set up in Uttar Pradesh in the next three months and can search and arrest without a warrant. It will be deployed for the security of strategic and vital installations, high court, district court, state government administrative premises, religious spots, metro rail, airports, banks, industrial undertakings and any other establishment notified by the state government.

Additional chief secretary (home) Awanish Kumar Awasthi had earlier said the special force is being established in view of an Allahabad High Court order to the state government for security and protection of all court premises in the state.

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