09-23-2006, 01:20 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>SC orders police makeover </b>
Abraham Thomas | New Delhi
Slew of measures for model force
With the onset of a new year, the country could expect a model police force. The Supreme Court on Friday proposed a slew of measures heralding a paradigm shift in the manner police force is perceived and seen to operate in the country since Independence.
Introducing a fixed tenure of two years for higher officials in Central police and State police organisations, along with a State Security Commission to ward off any "unwanted" interference or pressure in their fair and efficient functioning.
The Bench headed by Chief Justice YK Sabharwal also directed the State Police to segregate investigation from the law and order wing, thereby facilitating speedy investigation and better expertise.
To begin with, the exercise will be initiated in urban areas. Noting the difficulty in police officers dealing with complaints against their subordinates, the Bench directed the States to constitute a Police Complaints Authority (PCA) both at the State and district levels.
Such bodies, headed by retired High Court, Supreme Court or District Judge, will take cognisance of allegations of serious misconduct or grievous crimes even against a Director General of Police (DGP) in the state.
But all this will have to wait till December 31, 2006, by when the state and union territory Governments have been asked to implement the directions. The Apex Court further directed the Government to file affidavits by January 3, 2007 reporting compliance of its orders.
The other recommendation with regard to State Security Commission (SSC) is significant for the task it bears to lay down broad policy guidelines will also check on any unwanted influence or pressure on the police force. The fixed tenure will be applicable from Inspector level upto DGP rank. But seen in the current context, the Bench's direction has to be taken with a pinch of salt.
However, talking to The Pioneer, several experts voiced concerns over the recommendation with regard to fixed tenure being used by political bosses to their advantage by either shunting a meritorious officer for two years or in its inability to redress his grievances before two years.
The order makes mandatory posting and transfer of officers subject to the SSC's approval. But aggrieved officers will also get a forum to appeal at SSC, whose decisions will be binding upon the state.
The PAC's ambit of operation is also kept broad by the court which has given the former power to examine allegations of extortion, land grab or any incident involving abuse of authority by police officers. With regard to selection and placement of chiefs of Central police organisations, a National Security Commission has been proposed headed by Union Home Minister.
The Bench noted its disgust over several Commissions in the past, beginning from the National Police Commission of 1977, whose reports were shelved by the Government. The court directed the states to seriously consider framing of a model Police Act in their respective states on the lines of their directions. Besides the 1977 report, the court also relied upon the suggestions made by National Human Rights Commission, Bureau of Police Research and Development and independent Commission constituted under eminent jurist Soli J Sorabjee.
In its anguish, the Bench noted, "We can only express hope that all State Governments would rise to the occasion and enact a new Police Act wholly insulating the police from any pressure whatsoever thereby placing in position an important measure for securing the rights of the citizens under the Constitution... which will also help in securing an efficient and better criminal justice delivery system."
The petitioner, Prakash Singh, who initiated court's intervention though a public interest litigation is himself a retired Director General of the Border Security Force (BSF). He stressed the need to hand over specialised crimes dealing with international terrorism and organised crime to be investigated by Central Bureau of Investigation. Reserving its orders on this issue, the court directed the Centre and the various other commissions to respond to this suggestion within four months.
<b>For ideal law enforcement
Separation of crime investigation and law-and-order wing within police
Authority to address complaints of extortion, high-handedness against top police officers, headed by judges of district courts, High Courts and Supreme Court
Fixed term of two years for State and Central police officers from inspector to DGP ranks
State Security Commission to monitor external influence on police officers
Constitution of Police Establishment Board and National Security Council
Implement by December 31, 2005 till a Model Police Act in place</b>
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Abraham Thomas | New Delhi
Slew of measures for model force
With the onset of a new year, the country could expect a model police force. The Supreme Court on Friday proposed a slew of measures heralding a paradigm shift in the manner police force is perceived and seen to operate in the country since Independence.
Introducing a fixed tenure of two years for higher officials in Central police and State police organisations, along with a State Security Commission to ward off any "unwanted" interference or pressure in their fair and efficient functioning.
The Bench headed by Chief Justice YK Sabharwal also directed the State Police to segregate investigation from the law and order wing, thereby facilitating speedy investigation and better expertise.
To begin with, the exercise will be initiated in urban areas. Noting the difficulty in police officers dealing with complaints against their subordinates, the Bench directed the States to constitute a Police Complaints Authority (PCA) both at the State and district levels.
Such bodies, headed by retired High Court, Supreme Court or District Judge, will take cognisance of allegations of serious misconduct or grievous crimes even against a Director General of Police (DGP) in the state.
But all this will have to wait till December 31, 2006, by when the state and union territory Governments have been asked to implement the directions. The Apex Court further directed the Government to file affidavits by January 3, 2007 reporting compliance of its orders.
The other recommendation with regard to State Security Commission (SSC) is significant for the task it bears to lay down broad policy guidelines will also check on any unwanted influence or pressure on the police force. The fixed tenure will be applicable from Inspector level upto DGP rank. But seen in the current context, the Bench's direction has to be taken with a pinch of salt.
However, talking to The Pioneer, several experts voiced concerns over the recommendation with regard to fixed tenure being used by political bosses to their advantage by either shunting a meritorious officer for two years or in its inability to redress his grievances before two years.
The order makes mandatory posting and transfer of officers subject to the SSC's approval. But aggrieved officers will also get a forum to appeal at SSC, whose decisions will be binding upon the state.
The PAC's ambit of operation is also kept broad by the court which has given the former power to examine allegations of extortion, land grab or any incident involving abuse of authority by police officers. With regard to selection and placement of chiefs of Central police organisations, a National Security Commission has been proposed headed by Union Home Minister.
The Bench noted its disgust over several Commissions in the past, beginning from the National Police Commission of 1977, whose reports were shelved by the Government. The court directed the states to seriously consider framing of a model Police Act in their respective states on the lines of their directions. Besides the 1977 report, the court also relied upon the suggestions made by National Human Rights Commission, Bureau of Police Research and Development and independent Commission constituted under eminent jurist Soli J Sorabjee.
In its anguish, the Bench noted, "We can only express hope that all State Governments would rise to the occasion and enact a new Police Act wholly insulating the police from any pressure whatsoever thereby placing in position an important measure for securing the rights of the citizens under the Constitution... which will also help in securing an efficient and better criminal justice delivery system."
The petitioner, Prakash Singh, who initiated court's intervention though a public interest litigation is himself a retired Director General of the Border Security Force (BSF). He stressed the need to hand over specialised crimes dealing with international terrorism and organised crime to be investigated by Central Bureau of Investigation. Reserving its orders on this issue, the court directed the Centre and the various other commissions to respond to this suggestion within four months.
<b>For ideal law enforcement
Separation of crime investigation and law-and-order wing within police
Authority to address complaints of extortion, high-handedness against top police officers, headed by judges of district courts, High Courts and Supreme Court
Fixed term of two years for State and Central police officers from inspector to DGP ranks
State Security Commission to monitor external influence on police officers
Constitution of Police Establishment Board and National Security Council
Implement by December 31, 2005 till a Model Police Act in place</b>
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