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Can police arrest an army officer on charges of attempted molestation? That was the raging question Tuesday, a day after army personnel vandalised a city police station in their bid to free two colleagues arrested for misbehaving with a woman. As the police top brass and defence personnel debated their legal rights over the incident, West Bengal Home Secretary Prasad Ranjan Roy was reportedly set to send a report to the central government after the Prime Minister's Office (PMO) sought details, media reports said. A defence ministry spokesperson told IANS that a probe by a three-member team headed by a colonel would be conducted very fast. "We will finish the probe at the earliest," he said. The army maintains that defence personnel can be arrested only in three circumstances by police. Civil police can only detain an army officer on 'active service', defence sources said. Once an officer identifies himself at the police station, the head of his commanding unit should be informed and the officer should be kept in custody till the military police arrives. "An army man can be arrested only when he is booked for murder, culpable homicide or rape," said Wing Commander R.K. Das, defence ministry spokesperson. However, police are of the view that the Indian Penal Code does not say an army officer cannot be arrested if he has committed a crime. According to criminal lawyer Joymalya Bagchi, police were well within their rights to arrest the men and keep them in custody, but an official on duty or in course of discharging duty cannot be arrested. "Misbehaving with women, engaging in drunken brawl or getting drunk is not discharging of duty as assigned to them after all," he said. "I shall see this through to the end," Police Commissioner Prasun Mukherjee said determinedly. It was early morning on Jan 1 when armed army personnel barged into the Park Street police station and assaulted policemen there while freeing two officers arrested earlier on charges of misbehaving with a woman in Park Hotel. "I have never heard or seen anything of this sort in my entire career. Men in uniform were manning the Park Street area. We were stretched because of the duty and there were only a handful of officers and constables present inside the police station. What can our personnel do when pitted against heavily armed army men and officers?" said Kuldeep Singh, joint commissioner of police. A probe team headed by Col. M.C. Baruah is conducting a court of inquiry into the incident. Though the army has sort of admitted misconduct, Baruah refused to comment on the probe saying, "it (the probe) is on". The two officers held for misbehaving with a woman are Major Chandra Pratap Singh and Captain Mahesh. They belong to the 3rd Madras Regiment, stationed in Salt Lake. Reports said the unit had returned from a high-stress tenure, manning Siachen and then battling militants in Kashmir, just six months ago. The army raid to free the colleagues was led by Lt. Col. Pratap Singh, an officer who sports the army chief's citation on his breast pocket and has two bars to show on his medal-ribbons. He was in army fatigues and was accompanied by a Major Kavi in plain clothes, police said. "Armed with SLRs, about 20 army personnel in uniform, including Lt. Col. Pratap Singh and Major Kavi, came in three vehicles - two Gypsys and a Mahindra - and barged into the Park Street police station and beat up at least 11 cops," said Deputy Commissioner of Police Ajay Kumar. In New Delhi, the Indian Army said it had taken "serious note of the incident". "We are getting complete details of the two incidents as to who was involved in what manner. There is no question of sparing anyone. We will take whatever action is required after receiving the report of the court of inquiry," Indian Army spokesperson Col. S.K. Sakhuja told IANS. "If the major and captain arrested on molestation and assault charges are found guilty, they will be punished severely," Das added in Kolkata. "The punishment depends on degree of involvement. They (those involved in ransacking) can be demoted, they can lose seniority or be punished otherwise."
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