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Journalism of Courage
Insulating the police from politicians, separation of law and order machinery from the investigative apparatus, fixed tenure for police officers starting right from the station house officer 8212; these are some of the far-reaching directions given by the Supreme Court today aimed at establishing a long-cherished independent and responsive police force in the country.
A bench of Chief Justice Y K Sabharwal, Justice C K Thakker and Justice P K Balasubramanyam, on a petition filed by Prakash Singh, a former Director General of Police, and NGO Common Cause, gave the judgement listing the directions. When implemented, these have the potential to change the face of India8217;s police force.
The key recommendations are:
8226; Setting up of a State Security Commission in every state to ensure that state government does not exercise unwarranted influence or pressure on the police.
8226; DGP of state to be selected from among three senior-most officers; will have fixed tenure of atleast 2 years.
8226; IG, Deputy IG, SP and SHO will have minimum fixed tenure of 2 years.
8226; Investigating police will be separated from law and order police to ensure speedier investigation, better expertise and improved rapport with people.
8226; Police Establishment Board in each state to decide on transfers, postings etc and service related matters of officers8217; upto DSP.
8226; Police Complaints Authority at district level to look into complaints against police officers till DSP.
8226; Center to set up National Security Commission for selection and placement of Chiefs of Central Police Organisations.
The directions have to be complied on or before December 31, 2006, the judgment said, and sought compliance reports from the Cabinet Secretary, Government of India and Chief Secretaries of states or union territories by January 3, 2007.
The State Security Commission 8220;shall8221; be headed by the CM or Home Minister and have the DGP of the state as ex-officio Secretary. However, the independence of the Commission will be ensured through the other members including the leader of the opposition or the Lok Ayukta as the case may be, a retired or sitting judge and some non-political citizens.
The SSC would lay down the broad policies for performance of the force8217;s duties and prepare periodic review reports.
On the DGP, the judgment says the officer shall be selected by the State government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by UPSC on the basis of their length of service, record and experience for heading the force.
8220;Once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation8221;. The removal can be done by the state in consultation with the SSC if conditions so warrant.
While separating the law and order and investigative arms, it should be ensured that there is full coordination between them, the court said, adding the process may be initiated in towns/urban areas with 10 lakh or more population and then extended to smaller towns.
The Police Establishment Board will be made up of the DGP and four senior officers of the department. 8220;The state government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so.8221;
To maintain independence of the Police Complaints Authority, the bench ordered that the PCA at the district level 8220;may8221; be headed by a retired District Judge and at the state level by a retired judge of the High Court or Supreme Court. The PCA will have on its panel retired civil servants, police officers or members of civil society.
It will take note of only charges of serous misconduct by the cops including incidents involving death, grievous hurt or rape in custody. The district authority may also inquire into allegations of extortion, land grabbing etc. Another important recommendation is for setting up a National Security Commission to be headed by the Home Minister and comprising heads of the Central Police Organisations and a couple of security experts as members with the Union Home Secretary as its secretary. The NSC will draw up a panel to be placed before the appointing authority for selection and placement of chiefs of the CPOs. The Chiefs will also enjoy a two-year minimum tenure.
The petitioners had approached the court in 1996 after the government dragged its feet on the recommendations of the National Police Commission and several others regarding reforms in the force. They also requested the Court to direct the Centre and states to come out with a new police act. During the hearing, there was also a suggestion to treat offences relating to terrorism, arms trafficking and money laundering as offences against the nation and leave it to the purview of CBI. On this, the SC said it will have to wait till more elaborate studies were done on the subject.
