K146;taka chalks out own course

The draft Bill shows the state has diluted several of the Supreme Court guidelines set on September 22, 2006

Almost a year after the Supreme Court expressed hope that all state governments will bring in a new Police Act 8220;insulating the police from any pressure whatsoever8221; in order to protect citizens8217; rights, ensure equality for all and for an efficient and better criminal justice delivery system, the Karnataka Government has taken steps to amend the Police Act of 1963 on the basis of guidelines set by it on September 22, 2006.

A close look at the draft of the Karnataka Police Amendment Bill, 2007 reveals that the state has diluted several of the SC guidelines. The Bill also sees changes from the recommendations made by a committee of senior police officers appointed by the DGP. 8220;The draft police Bill seems to pay lip service to the SC order in the Prakash Singh case, but lacks in spirit,8221; a senior police officer on the committee said.

The new draft Bill continues to vest absolute power in the state government in issues of appointment of a DGP and his tenure. The SC had said the DGP of a state 8220;shall be selected by the state government from amongst the three seniormost officers of the department who have been empanelled for promotion to the rank by the UPSC,8221; and once selected the DGP should have a tenure of 8220;at least two years irrespective of superannuation8221;.

The Karnataka Police Bill amendment says the DGP will be selected from the three most senior officers 8220;eligible to be promoted and empanelled by the government for the rank,8221; and who will function 8220;subject to the control of the government8221;. The draft Bill says the DGP will have a two-year tenure but subject to superannuation. A few reasons behind the dilution of the SC guidelines is evident in an affidavit filed by the Karnataka government following the SC order in the Prakash Singh case.

The affidavit states that the DGP is appointed by the state, on the basis of experience and performance and that the UPSC has no role in it. Continuing with a DGP beyond retirement date is a 8220;decision that, if taken, may have to be uniformly applied to all heads of departments,8221; the affidavit said. The state also exerts influence over the Security Commission and Police Complaints Authority beyond the degree mooted by the SC.

In the case of State Security Commission the SC had suggested a choice of models from the NHRC, the Ribeiro Committee and the Sorabjee Committee.