POLICE REFORMS

COMMON CAUSE had filed a joint Writ Petition (No. 310 of 96) with Mr. Prakash Singh, IPS (Retd.) and Mr. N. K.Singh, IPS (Retd.). It was contended in the petition that the violations of fundamental and human rights of the citizens by the police are generally in the nature of:

a) Non-enforcement or discriminatory application of laws so that those having clout are not held accountable even for blatant violations of laws and, in any case, not brought to justice, and

b) Direct violations of the rights of citizens in the form of unauthorized detentions, torture, harassment, fabrication of evidence, malicious prosecutions, etc.

It was also contended that much of these violations of the citizens rights are on account of the police continuing to be under the overall control of the executive, which has been using, misusing and abusing the law enforcement agency to further its own selfish, partisan and political objectives.

It was prayed that the Supreme Court may be pleased to direct the respondents :

a) to re-define the role and functions of the police and frame a new Police Act on the lines of the model Act drafted by the National Police Commission in order to ensure that the police is accountable essentially and primarily to the law of the land and the people.

b) to constitute a) State Security Commissions in each state to ensure that the police functions strictly in accordance with the laws of the land, b)National Security Commission/Council at the central level which would take a macro view of the country's security related matters and inter alia lay down the policies to be followed in dealing with various terrorist, insurgent and other anti-national groups threatening to destablise or even disintegrate the country.

c) to ensure that the investigative work at the State Level is separated from the law and order functions, as has been recommended by several Police Commissions, and that all investigating agencies in States as well as at the Centre function uninfluenced by any extraneous pressure or consideration.

d) to prescribe a procedure for appointing Chiefs of State Police and the Central Police organizations which would inspire confidence and ensure that only the finest officers reach the top and also give them a minimum statutory tenure so that there is stability and long term planning in the functioning of the organizations.

The operative part of the judgement delivered by the Hon'ble court on 22.9.2000 in this matter is produced below:

SUPREME COURT DIRECTIONS

"With the assistance of learned counsel for the parties, we have perused the various reports. In discharge of our constitutional duties and obligations having regard to the afore-noted position, we issue the following directions to the Central Government, State Governments and Union Territories for compliance till framing of the appropriate legislations :

1) State Security Commission: The State Governments are directed to constitute a State Security Commission in every State to ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country. This watchdog body shall be headed by the Chief Minister or Home Minister as Chairman and have the DGP of the State as its ex-officio Secretary. The other members of the Commission shall be chosen in such a manner that it is able to function independent of Government control. For this purpose, the State may choose any of the model recommended by the National Human Rights Commission, the Ribeiro Committee or the Sorabjee Committee, which are as under :

NHRC

Ribeiro Committee

Sorabjee Committee

1. Chief Minister/HM as Chairman 1. Minister i/c Police as 1. Minister i/c Police Chairman. (ex-officio Chairperson)
2. Lok Ayukta or, in his absence, a retired Judge of High Court to be nominated by Chief Justice or a Member of State Human Rights Commission. 2. Leader of Opposition 2. Leader of Opposition.
3. A sitting or retired Judge nominated by Chief Justice of High Court. nominated by Chief Justice Court. 3. Judge, sitting or retired of High 3. Chief Secretary.
4. Chief Secretary 4. Chief Secretary 4. DGP (ex-officio Secretary.
5. Leader of Opposition in Lower House 5. Three non-political citizens of proven merit and integrity. 5. Five independent Members.
6. DGP as ex-officio Secretary. 6. DG Police as Secretary.  

 

The recommendations of the Commission shall be binding on the State Government.

The functions of the State Security Commission would include laying down the broad policies and giving directions for the performance of the preventive tasks and service oriented functions of the police, evaluation of the performance of the State police and preparing a report thereon for being placed before the State legislature.

2) Selection and Minimum Tenure of DGP: The Director General of Police of the State 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 the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force. And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties

3) Minimum Tenure of I.G. of Police & other Officers: Police Officers on operational duties in the field like the Inspector General of Police-in-charge Zone, Deputy Inspector General of Police in-charge Range, Superintendent of Police in-charge district and Station House Officer in-charge of a Police Station shall also have a prescribed minimum tenure of two years unless it is found necessary to remove them prematurely following disciplinary proceedings against them or their conviction in a criminal offence or in a case of corruption or if the incumbent is otherwise incapacitated from discharging his responsibilities. This would be subject to promotion and retirement of the officer.

4) Separation of Investigation: The investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. It must, however, be ensured that there is full coordination between the two wings. The separation, to start with, may be effected in towns/urban areas which have a population of ten lakhs or more, and gradually extended to smaller towns/urban areas also.

5) Police Establishment Board: There shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so. The Board shall also be authorized to make appropriate recommendations to the State Government regarding the posting and transfers of officers and above the rank of Superintendent of Police, and the Government is expected to give due weight to these recommendations and shall formally accept it. It shall also function as a forum of appeal for disposing of representations from officers of the rank of Superintendent of Police and above regarding their promotion/transfer/disciplinary proceedings or their being subjected to illegal or irregular orders and generally reviewing the functioning of the police in the State.

6) Police Complaints Authority : There shall be a Police Complaints Authority at the district level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police. Similarly, there should be another Police Complaints Authority at the State level to look into complaints against officers of the rank of Superintendent of Police and above. The district level Authority may be headed by a retired District Judge while the State level Authority may be headed by a retired Judge of the High Court/Supreme Court. The head of the State level Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Chief Justice, the head of the district level Complaints Authority may also be chosen out of a panel of names proposed by the Chief Justice or a Judge of the High Court nominated by him. These Authorities may be assisted by three to five members depending upon the volume of complaints in different States/districts and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission/Lok Ayukta/State Public Service Commission. The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society. They would work whole time for the Authority and would have to be suitably remunerated for the services rendered by them. The Authority may also need the services of regular staff to conduct field inquiries. For this purpose, they may utilize the services of retired investigators from the CID, Intelligence, Vigilance or any other organization. The State level Complaints Authority would take cognizance of only allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody. The district level Complaints Authority would, apart from above cases, may also inquire into allegations of extortion, land/house grabbing or any incident involving serious abuse of authority. The recommendations of the Complaints Authority, both at the district and State levels, for any action, departmental or criminal against a delinquent police officer shall be binding on the concerned authority.

7) National Security Commission : The Central Government shall also set up a National Security Commission at the Union level to prepare a panel for being placed before the appropriate Appointing Authority, for selection and placement of Chiefs of the Central Police Organisations (CPO), who should also be given a minimum tenure of two years. The Commission would also review from time to time measures to upgrade the effectiveness of these forces, improve the service conditions of its personnel, ensure that there is proper coordination between them and that the forces are generally utilized for the purposes they were raised and make recommendations in that behalf. The National Security Commission could be headed by the Union Home Minister and comprise heads of the CPOs and a couple of security experts as members with the Union Home Secretary as its Secretary.

The aforesaid directions shall be complied with by the Central Government, State Governments or Union Territories, as the case may be, on or before 31 st December, 2006 so that the bodies afore-noted became operational on the onset of the new year. The Cabinet Secertary, Government of India and the Chief Secretaries of State Governments/Union Territories are directed to file affidavits of compliance by 3es January, 2007.

……………………………….CJI

( V.K. Sabharwal)

………………………………….J

(C. K. Thakker)

…………………………………J

(P. K. Balasubramanyan)

New Delhi:

September 22, 2006.

July - November 2007