Police Reforms

Discussion in 'Politics & Society' started by ajtr, Mar 7, 2010.

  1. ajtr

    ajtr Veteran Member Veteran Member

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    With Judicial reform there is also an urgent need of police reform in india.IN india both criminal justice system and police system are from british era.

    Police Reforms in India: Crucial for 'HUMAN RIGHTS'

    People cannot take the law into their own hands. The rationale behind this reasoning is that the state is present to protect its citizens and to create an environment for realization of human rights. Citizens only have a limited right vested in themselves to protect their or anyone else's person or property which is guaranteed by the right of private defence. There is no right of private defence in cases where there is adequate time to have recourse to public protection [2]. Anyone employing his right of private defence must justify that there was no reasonable time to approach the state institutions for help. Thus, citizens claim protection from the state for their welfare and it is the reciprocal obligation of the state to ensure the 'rule of law' through its institutions.

    The primary institution on which the state relies for the maintenance of law and order is the police. In order to achieve this objective, the police are empowered to use limited coercive power thereby creating conditions for realization of human rights [3]. The constitution itself and the international treaties and covenants ratified by India [4] cast a duty on the state to protect and promote human rights. Article 2(3)(a) of the International Covenant on Civil and Political Rights mandates every state party to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity. By virtue of being born a human, everybody has human rights which are inalienable and indivisible.

    Human rights are core values which the police have a moral as well as a legal duty to uphold. This is the essential difference that distinguishes good policing from bad. While discharging their duty, police have to confront human rights. In order to ensure the security and safety of the common mass, police cannot belittle the rights of an individual or a marginalized community. They have to maintain the delicate balance between protecting human rights and preserving the security of the people, which though difficult, is not impossible to achieve. Unfortunately, Indian police choose the easy way out.

    THE NEED FOR REFORM
    Police in India, until recently, was governed by the colonial Police Act of 1861 enacted by the British. This statute did not meet the tripartite standards of accountability, transparency and equity. It was meant for subjects not for the free citizens of a democracy. A global survey showed that at best, the Police are inactive; at worst they "actively harass, oppress and brutalise" [5]. As for example on the morning of 10th June 2008, the media reported that a 25-year-old woman who was allegedly raped by two policemen at the station house committed 'suicide' at the Haryana police headquarters in panchkula after two months of struggle for justice. Police would not register her complaint, and instead intimidated her to keep quiet. Unfortunately, the redressal machinery swung to action only when she paid for it with her life [6]. This is merely a glimpse of the grim picture that pervades the country.

    The reports of the National Human Rights Commission provides a clear picture of the situation pervailing in the country. A total of 85,661 cases disposed of in 2004-2005; 38,448 were dismissed ‘in limini’, while 21,465 were disposed of with directions to the appropriate authorities for remedial measures. 766 complaints related to custodial deaths, 46 cases pertained to encounter deaths and 24,936 other cases were also disposed of after calling for reports from the concerned authorities. In the latter group, 24 cases pertained to alleged disappearances, 1086 cases related to illegal detention/ illegal arrest, and 1213 cases were of alleged false implication. There were, in addition, 16 cases of alleged custodial violence, 84 cases of alleged ‘fake encounters’, 6833 instances of failure to take appropriate action and 6488 complaints related to other alleged police excesses [7].

    In a study on the "Image of Police in India", over 50% of the respondents mentioned 'non registration of complaint' as a pervasive malpractice in police stations [8]. The Law Commission of India examined the subject and recommended the insertion of a specific provision in the Indian Penal Code. The commission recommended that any officer who refused or without reasonable cause failed to record an FIR [9] be subject to imprisonment for a term of one year or fine or both [10]. However the government blatantly refused to accept this recommendation which could have been a potent armour in the hands of citizens against police harassment.

    The National Police Commission (hereinafter referred to as "NPC") correctly observed that the nexus between financially powerful groups and political power existing in India has a direct link to inequitable policing practices. Malafide exercise of power at different levels in the police is induced by such links. The problem of police corruption cannot, therefore, be satisfactorily tackled unless these links are broken [11]. The fundamental problem regarding the police today is how to make them function efficiently and impartially motivated and guided only by the objectives of the service to public at large, upholding the constitutional rights and liberty of the people [12].

    Another aspect adding to the unfortunate plight of Indian citizens are the impunity provisions of the Code of Criminal Procedure ("CrPC"). Section 197 and 132 of the CrPC require the prior sanction of the government before prosecuting public servants for any offence alleged to have been done in discharge of their official duty. The object of the section is to guard public servants against vexatious proceedings and to secure the well-considered opinion of a superior authority before their prosecution [13]. However the blatant misuse of this provision concretizes itself in the form of police excesses which go unchecked.

    Moreover the internal departmental enquiry mechanism whereby a superior official adjudges a complaint about his subordinates is an impediment to proper accountability due to the inevitable solidarity and fellowship among officers which impedes objectivity. Departmental enquiries do not always bring out the truth and are mostly biased in the favour of the policemen [14]. The inquiry officer is obsessed by a feeling that the exposure of the misconduct of any of his subordinates will be deemed as a stigma on his own administration and is, therefore, inclined to suppress a full exposure of the alleged misconduct [15].

    THE ROAD AHEAD
    Reforms in policing began with formation of the NPC on 15th November 1977. One among the many terms of reference of the Commission required it to recommend measures and institutional arrangements to ‘prevent misuse of powers by the police and misuse of police by administrative or executive instructions, political or other pressure, or oral orders of any type, which are contrary to law [16]. The NPC tabled eight reports before the government between of 1979-1981. However its recommendations were not implemented by the government of India.

    In 1996, the two former Director Generals of Police filed Public Interest Litigation (PIL) in the Supreme Court of India to direct the centre and the state governments to take measures for improving the quality of policing in India and to make the police more accountable. The decision of the court in 2006 noted that having regard to the 'gravity of the problem' and 'total uncertainty as to when police reforms would be introduced', further waiting was not be possible and the stage had come for issuing appropriate directions for immediate compliance to be operative until such time a new legislation is enacted [17].

    Article 141 declares that directions issued by the Supreme Court are binding on all courts in India and Article 144 of the Constitution of India mandates that all authorities civil or judicial shall act in the aid of the Supreme Court. This entails that judgments and interpretations of the Supreme Court have the force of law and failure to comply with court guidelines amounts to Contempt. Policing being a state subject in India, the Supreme Court gave a deadline of March, 2007 to all states for compliance with its directives and a monitoring committee has been set up to review its implementation.

    The Supreme Court in this case gave directives which were to be followed till the states come up with their police acts.

    First was to set up a State Security Commission which would insulate the police form unwarranted political interference. Political control is necessary but it needs to be conditioned in such a manner that political masters cannot take undue advantage. The primary responsibility of this commission is to lay down policy guidelines for service oriented policing, evaluate the functioning of the police and making binding recommendations to the government to that effect.

    Second, the directives provide for a minimum fixed tenure of two years for the Chief of Police and four other police officers [18] on operational duties in the field. The court expressed its shock over the frequent transfer of Superintendents of Police for whimsical reasons and observed that this trend leads to demoralization of the police force.

    Third, the directives call for the separation of investigation from law and order which was also recommended by the Law Commission of India in its 154th report. This would ensure faster, accurate and fairer processes so that rule of law is maintained. Presently, law and order is prioritized over investigation work which leads to loss of material evidence crucial for the case under consideration.

    Fourth, the Court's directive mandate the creation of a Police Establishment Board which would be a departmental body to oversee the transfer and posting of the officials above the rank of Deputy Superintendent of Police.

    Fifth and the most important, the judgment directs to set up Police Complaints Authority in states to inquire into allegations of complaint of public against the men in uniform. This is supposed to be an independent body comprised of civil society members to ensure that justice is done without prejudice to any party. However states are trying to dilute the neutrality of the complaint authority by increasing the number of policemen on the Complaint Authority in the guise of independent members [19]. This would annul the efficacy of having a complaint authority.


    CONCLUSION
    The Supreme Court's directives are a welcome step however some of the areas are still open to misuse. They do not in any way effect the impunity provisions in the CrPC, the misuse of which is a major cause of harassment to the citizens. The institution of police must function according to the rule of law and not according to the rule of politics. Policing must not be partisan in anyway towards people with clout ignoring the voice of the marginalized. Police is to be a service oriented institution composed of professionally trained officers where there is no dilution in command and responsibility. Only then can we imagine a democracy with equity pervading throughout.

    However, the states have been reluctant to implement the directives of the Supreme Court. Most of the states have or are trying to pass the new Police Acts but have diluted the directives leaving lacunae in place for police to act discretionarily and facilitating entrenchment by the political executive. This is a significant blow to all civil society members who turn to state and the police to protect their human rights. The entire campaign towards reform has been compromised by those who want to protect their narrow and partisan interests.

    The Supreme Court has set up a monitoring committee to review the implementation of its directives. As members of civil society, we can only hope that Supreme Court will take cognizance of the situation and address the urgent need to protect human rights by ensuring the proper implementation of its directives.

    SUGGESTIONS

    The eighth report of the NPC recommended that protection available to the police officers from prosecution under section 132 and 197 of the Code of Criminal Procedure which mandate prior sanction of the government in order to prosecute any public servant including police official for any act done in discharge of his official duty be withdrawn or that a proviso be added to the section to initiate automatic judicial enquiry in every refusal to prosecute. This recommendation must be implemented. Making the police more accountable would deter police officials from harassing citizens.
    There should be an independent board composed of civil society members with no police officials on-board which should enquire into any allegations of complaints against police officials. This would ensure that every victim of human rights violation has a platform for redressal, making the police accountable.
    The law in books must be put to practice and this can only be ensured by imparting human rights education. Principle and practice should not differ and therefore training in human rights laws should be made compulsory for all police officials. This will sensitize and inculcate respect for human rights in them and also improve police-public relations.
    If any violation of human rights has been committed by a subordinate officer and subsequently the superior officer, even after the incident came to his knowledge, does not institute disciplinary action against him then there should be a presumption about his complicity in executing the incident.
     
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  3. ajtr

    ajtr Veteran Member Veteran Member

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    Police Reforms in India


     
  4. ajtr

    ajtr Veteran Member Veteran Member

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    Police reforms: creative dialogue needed

     
    Last edited: Mar 7, 2010
  5. ajtr

    ajtr Veteran Member Veteran Member

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    Police Reforms at Sixty

     
  6. ajtr

    ajtr Veteran Member Veteran Member

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    Why We Need Police Reform in India. Badly.

     
  7. ajtr

    ajtr Veteran Member Veteran Member

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    POLICE REFORMS

    Current Scenario
    [​IMG]
    The failure of prosecution in a spate of cases in recent times once again focused public attention on our justice system. Distinguished jurists as well as political leaders and commentators are lamenting the near-collapse of rule of law, resulting from failure of justice system - civil and criminal. As the economy is growing at a comfortable 8% per annum, the limiting factors clearly are infrastructure, productivity of labour and failure of rule of law. All these three are integrally linked to governance. Nothing demonstrates the failure of governance as the incapacity to bring the guilty to book, resolve disputes, and enhance legitimacy of the state.

    Typically, in more advanced democracies civil disputes vastly out number criminal cases. But in India, despite the relatively low crime rate, the pending criminal cases are twice the number of civil cases. This is symptomatic of two dangerous trends:

    First, most civil disputes no longer go to courts, and people are either resorting to extra-legal means for justice, or are swallowing injustice and suffering silently. These "missing cases" are a manifestation of low level of public confidence in formal institutions of justice.

    Second, in the absence of rule of law, increasingly might has become right. People are taking recourse to violence and crime readily. The failure of civil justice and the perception of weak law enforcement are together accelerating criminalization of our society. As political office gives ample opportunities to subvert crime investigation, many criminals are increasingly taking shelter under politics. This has further undermined criminal justice system, and weakened the state's authority significantly.

    It is time we recognized the centrality of institutions of rule of law in creating a climate conducive to fair competition and rapid economic growth. The state's failure to resolve disputes and enforce contracts swiftly and peacefully has inhibited investment and risk-taking. Worse still, it spawned a whole new industry of providing rough and ready justice, often through violent means. A combination of abject poverty, injustice and poor services are undermining the legitimacy of the state, fueling Maoist violence and anarchy in large pockets of the country. This corridor of Maoist insurrection, backed by arms trafficking condoned by a corrupt and inefficient administration, poses a serious challenge to stability and economic growth. Much needs to be, and can be, done to restore the primacy of rule of law. The current climate of public discontent provides an ideal opportunity to act decisively.

    Challenges
    The justice system is in a mess. Changing it is a Herculean task. The problem is more complex than mere budgetary allocation and number of judges. The quality of judges is less than satisfactory, procedures are archaic and easily prone to manipulation and endless delays. As the population grows, so does the pressure on the system. Let us look at the realities that challenge the justice system.

    [​IMG]

    Creation of a new Police Force> Introduction

    The research done for this campaign has analyzed the structural shortcomings in the present police force. This campaign suggests a new structure for the police force where the current police force structure will be divided into three entities. The first is an independent crime investigation unit, the second is a unit handling serious law and order issues (e.g. riot control) and the third is empowering of the local police.
    To separate the crime investigation from law and order is not a unique suggestion and has been suggested in the sixth and seventh report of the NPC. These reports have suggested that the crime investigation unit should be separated from the law and order unit but both units should still fall under the same station house officer (SHO).In general most of the earlier proposals from various police reform commissions have concentrated largely on issues related to the symptoms of the system rather than on structural issues. However, in order to create a comprehensive reform, there has to be a substantial structural change.To avoid incorporating the same structural problems in the new police force structure five principles have been identified to lay the foundation of the new system. The new system has to:

    1. Remove the scope for unwarranted political interference

    2. Lessen the burden on the police and improve its efficiency

    3. Empower the police (especially those in the lower ranks)

    4. Ensure police accountability to the public

    5. Increase the collaboration between the police and the prosecutor



    As shown below, the crime investigation unit is insulated from the law and order unit and the local police force has been given autonomy in certain jurisdictional cases.

    [​IMG]

    Creation of a new Police System> Independent Crime Investigation Wing>

    Introduction

    In the police force today unwarranted political interference affects the work of the police personnel to such an extent that the independence of the police investigations is jeopardized. Lok Satta is suggesting to insulate the crime investigation from the law and order wing by creating an independent crime investigation unit.

    Objective

    The creation of an independent crime investigation unit will decrease the workload on the police investigators and ensure that the knowledge in the field remains in the unit. Firstly, the unit will only handle grave offences and not be assigned any other tasks (petty crimes, traffic control, VIP protection etc). Secondly, the supervisory body will handle all the appointments and promotions where there will be no unwarranted political interference/influence. This will ensure the independence form the executive and bar any unwarranted political interference. It is important to note that once appointed to the crime investigation unit, a police officer can only be transferred within the branch and not out of the branch (unless on his or her own request). This is to ensure that arbitrary transfers will not occur and also, to ensure sustainability within the department.

    Creation of a new Police System> Independent Oversight Body>



    Introduction



    There are several known incidents where the current police force have breached the law and conducted biased investigations. It is also known that these breaches do not always get investigated.



    Objective



    To enhance the public's trust in the police force, an external accountability body is needed. If a person has been subject to an abuse of authority or has experienced obstruction of justice in a case, he or she can find it unpleasant to file a complaint at the same police station and would rather stay silent. Therefore an external accountability body suggested. The individual who has a complaint can directly submit it to the oversight body without going to the police station. This model has been highly influenced by the 'Independent Police Complaints Commission' (IPCC) in England and Wales.

    Creation of a new Police Force> Creating a Collegium and an Independent Supervisory Body

    > Supervisory Body



    Unwarranted political interference usually thrives when appointments, transfers and promotions are under discussion. This falls in theory strictly under the police force themselves, but in practice the executive influences the proceedings. To insulate the police force from the executive's interference with appointments, transfers and promotions to the suggested crime investigation unit and to the independent prosecutor wing will be made by an independent supervisory body and not by the executive as done today. This would create the environment for the investigators to work independently and effectively. Also, incentives can be created to attract the best and the brightest individuals to serve in this prestigious unit.



    The composition of the Supervisory body will be comprised of jurists, professional investigators and legal experts, all of whom are reputed, experienced and credible within their domain of expertise. Members of this body cannot hold other positions during their time in this office for avoiding any conflict of interests, biased appointments and promotions. The supervisory body will be independent from the government and the head of the body will be appointed by the Collegium.



    The Supervisory body will handle all the appointments and promotions in the independent crime investigation unit and the independent prosecutor wing. It is important to note that once appointed to the branch an officer can only be transferred within the branch and not out of the branch. This is to ensure that arbitrary transfers will not occur and to ensure sustainability within the department.


    Appointments and promotions will be made on the basis of competence, experience and personality. The incentive is to have a professionally driven branch with efficient and thorough investigations. A police officer that has shown great capability will be promoted upon his or her application. There are no fixed tenures for the positions. If an officer is a highly competent person he or she shall have the possibility to be promoted faster. For each position there will be requirements of complete training courses and requirements for possession of certain knowledge.
    An investigator, who is convicted for a crime, or for recurrent negligence or incapability, will be immediately removed from the office. The termination will be decided only by the supervisory body. If an investigator wants to leave the investigation branch, the officer can apply for transfer upon his or her own request to a different branch.

    Creation of a new Police System> Local Police Force >

    Introduction

    The police force today is overburdened with disparate duties and police personnel are commonly transferred between duties and posts. The creation of a local police force will lessen the burden in the existing system and therefore, promote its efficiency. Small and local issues should be handled at a local level. Such system could help building a citizen-centered police, who are more likely to be familiar with the local settings and its requirements.

    Objective

    The creation of a local police structure will allow for an increase of the police-population ratio and address the current manpower shortage. It will also decrease the burden of disparate duties therefore promote efficiency.
     
  8. ajtr

    ajtr Veteran Member Veteran Member

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    ACCOUNTABILITY FOR THE INDIAN POLICE:CREATING AN EXTERNAL COMPLAINTS AGENCY

     
  9. ajtr

    ajtr Veteran Member Veteran Member

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    A starting point — Police reforms

     
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    ajtr Veteran Member Veteran Member

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    Supreme Court’s Directives on Police Reforms

     
  11. ajtr

    ajtr Veteran Member Veteran Member

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    Compliance with the Supreme Court Directives on Police Reform

     
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    Parliamentary panel moots law to free CBI from netas' hands

     
  13. ajtr

    ajtr Veteran Member Veteran Member

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    THE LAND-MARK SUPREME COURT JUDGEMENT ON POLICE REFORMS

    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11
    CASE NO.:
    Writ Petition (civil) 310 of 1996
    PETITIONER:
    Prakash Singh & Ors
    RESPONDENT:
    Union of India and Ors
    DATE OF JUDGMENT: 22/09/2006
    BENCH:
    Y.K. Sabharwal, C.K. Thakker & P.K. Balasubramanyan
    JUDGMENT:
    J U D G M E N T
    Y.K. Sabharwal, CJI.
    Considering the far reaching changes that had taken
    place in the country after the enactment of the Indian Police
    Act, 1861 and absence of any comprehensive review at the
    national level of the police system after independence despite
    radical changes in the political, social and economic situation
    in the country, the Government of India, on 15th November,
    1977, appointed a National Police Commission (hereinafter
    referred to as ’the Commission’). The commission was
    appointed for fresh examination of the role and performance of
    the police both as a law enforcing agency and as an institution
    to protect the rights of the citizens enshrined in the
    Constitution.
    The terms and reference of the Commission were wide
    ranging. The terms of reference, inter alia, required the
    Commission to redefine the role, duties, powers and
    responsibilities of the police with special reference to
    prevention and control of crime and maintenance of public
    order, evaluate the performance of the system, identify the
    basic weaknesses or inadequacies, examine if any changes
    necessary in the method of administration, disciplinary control
    and accountability, inquire into the system of investigation
    and prosecution, the reasons for delay and failure and suggest
    how the system may be modified or changed and made
    efficient, scientific and consistent with human dignity,
    examine the nature and extent of the special responsibilities of
    the police towards the weaker sections of the community and
    suggest steps and to ensure prompt action on their complaints
    for the safeguard of their rights and interests. The
    Commission was required to recommend measures and
    institutional arrangements to prevent misuse of powers by the
    police, by administrative or executive instructions, political or
    other pressures or oral orders of any type, which are contrary
    to law, for the quick and impartial inquiry of public complaints
    made against the police about any misuse of police powers.
    The Chairman of the Commission was a renowned and highly
    reputed former Governor. A retired High Court Judge, two
    former Inspector Generals of Police and a Professor of TATA
    Institute of Special Sciences were members with the Director,
    CBI as a full time Member Secretary.
    The Commission examined all issues in depth, in period
    of about three and a half years during which it conducted
    extensive exercise through analytical studies and research of
    variety of steps combined with an assessment and
    appreciation of actual field conditions. Various study groups
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 11
    comprising of prominent public men, Senior Administrators,
    Police Officers and eminent academicians were set up.
    Various seminars held, research studies conducted, meetings
    and discussions held with the Governors, Chief Ministers,
    Inspector Generals of Police, State Inspector Generals of Police
    and Heads of Police organizations. The Commission submitted
    its first report in February 1979, second in August 1979, three
    reports each in the years 1980 and 1981 including the final
    report in May 1981.
    In its first report, the Commission first dealt with the
    modalities for inquiry into complaints of police misconduct in
    a manner which will carry credibility and satisfaction to the
    public regarding their fairness and impartiality and
    rectification of serious deficiencies which militate against their
    functioning efficiently to public satisfaction and advised the
    Government for expeditious examination of recommendations
    for immediate implementation. The Commission observed that
    increasing crime, rising population, growing pressure of living
    accommodation, particularly, in urban areas, violent
    outbursts in the wake of demonstrations and agitations
    arising from labour disputes, the agrarian unrest, problems
    and difficulties of students, political activities including the
    cult of extremists, enforcement of economic and social
    legislation etc. have all added new dimensions to police tasks
    in the country and tended to bring the police in confrontation
    with the public much more frequently than ever before. The
    basic and fundamental problem regarding police taken note of
    was as to how to make them functional as an efficient and
    impartial law enforcement agency fully motivated and guided
    by the objectives of service to the public at large, upholding
    the constitutional rights and liberty of the people. Various
    recommendations were made.
    In the second report, it was noticed that the crux of the
    police reform is to secure professional independence for the
    police to function truly and efficiently as an impartial agent of
    the law of the land and, at the same time, to enable the
    Government to oversee the police performance to ensure its
    conformity to the law. A supervisory mechanism without
    scope for illegal, irregular or mala fide interference with police
    functions has to be devised. It was earnestly hoped that the
    Government would examine and publish the report
    expeditiously so that the process for implementation of various
    recommendations made therein could start right away. The
    report, inter alia, noticed the phenomenon of frequent and
    indiscriminate transfers ordered on political considerations as
    also other unhealthy influences and pressures brought to bear
    on police and, inter alia, recommended for the Chief of Police
    in a State, statutory tenure of office by including it in a
    specific provision in the Police Act itself and also
    recommended the preparation of a panel of IPS officers for
    posting as Chiefs of Police in States. The report also
    recommended the constitution of Statutory Commission in
    each State the function of which shall include laying down
    broad policy guidelines and directions for the performance of
    preventive task and service oriented functions by the police
    and also functioning as a forum of appeal for disposing of
    representations from any Police Officer of the rank of
    Superintendent of Police and above, regarding his being
    subjected to illegal or irregular orders in the performance of
    his duties.
    With the 8th and final report, certain basic reforms for the
    effective functioning of the police to enable it to promote the
    dynamic role of law and to render impartial service to the
    people were recommended and a draft new Police Act
    incorporating the recommendations was annexed as an
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 11
    appendix.
    When the recommendations of National Police
    Commission were not implemented, for whatever reasons or
    compulsions, and they met the same fate as the
    recommendations of many other Commissions, this petition
    under Article 32 of the Constitution of India was filed about 10
    years back, inter alia, praying for issue of directions to
    Government of India to frame a new Police Act on the lines of
    the model Act drafted by the Commission in order to ensure
    that the police is made accountable essentially and primarily
    to the law of the land and the people.
    The first writ petitioner is known for his outstanding
    contribution as a Police Officer and in recognition of his
    outstanding contribution, he was awarded the "Padma Shri" in
    1991. He is a retired officer of Indian Police Service and
    served in various States for three and a half decades. He was
    Director General of Police of Assam and Uttar Pradesh besides
    the Border Security Force. The second petitioner also held
    various high positions in police. The third petitioner \026
    Common cause is an organization which has brought before
    this Court and High Courts various issues of public interest.
    The first two petitioners have personal knowledge of the
    working of the police and also problems of the people.
    It has been averred in the petition that the violation of
    fundamental and human rights of the citizens are generally in
    the nature of non-enforcement and discriminatory application
    of the laws so that those having clout are not held accountable
    even for blatant violations of laws and, in any case, not
    brought to justice for the direct violations of the rights of
    citizens in the form of unauthorized detentions, torture,
    harassment, fabrication of evidence, malicious prosecutions
    etc. The petition sets out certain glaring examples of police
    inaction. According to the petitioners, the present distortions
    and aberrations in the functioning of the police have their
    roots in the Police Act of 1861, structure and organization of
    police having basically remained unchanged all these years.
    The petition sets out the historical background giving
    reasons why the police functioning has caused so much
    disenchantment and dissatisfaction. It also sets out
    recommendations of various Committees which were never
    implemented. Since the misuse and abuse of police has
    reduced it to the status of a mere tool in the hands of
    unscrupulous masters and in the process, it has caused
    serious violations of the rights of the people, it is contended
    that there is immediate need to re-define the scope and
    functions of police, and provide for its accountability to the
    law of the land, and implement the core recommendations of
    the National Police Commission. The petition refers to a
    research paper ’Political and Administrative Manipulation of
    the Police’ published in 1979 by Bureau of Police Research
    and Development, warning that excessive control of the
    political executive and its principal advisers over the police
    has the inherent danger of making the police a tool for
    subverting the process of law, promoting the growth of
    authoritarianism, and shaking the very foundations of
    democracy.
    The commitment, devotion and accountability of the
    police has to be only to the Rule of Law. The supervision and
    control has to be such that it ensures that the police serves
    the people without any regard, whatsoever, to the status and
    position of any person while investigating a crime or taking
    preventive measures. Its approach has to be service oriented,
    its role has to be defined so that in appropriate cases, where
    on account of acts of omission and commission of police, the
    Rule of Law becomes a casualty, the guilty Police Officers are
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 11
    brought to book and appropriate action taken without any
    delay.
    The petitioners seek that Union of India be directed to redefine
    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 made
    accountable essentially and primarily to the law of the land
    and the people. Directions are also sought against the Union
    of India and State Governments to constitute various
    Commissions and Boards laying down the policies and
    ensuring that police perform their duties and functions free
    from any pressure and also for separation of investigation
    work from that of law and order.
    The notice of the petition has also been served on State
    Governments and Union Territories. We have heard Mr.
    Prashant Bhushan for the petitioners, Mr. G.E. Vahanvati,
    learned Solicitor General for the Union of India, Ms. Indu
    Malhotra for the National Human Rights Commission and Ms.
    Swati Mehta for the Common Welfare Initiatives. For most of
    the State Governments/Union Territories oral submissions
    were not made. None of the State Governments/Union
    Territories urged that any of the suggestion put forth by the
    petitioners and Solicitor General of India may not be accepted.
    Besides the report submitted to the Government of India
    by National Police Commission (1977-81), various other high
    powered Committees and Commissions have examined the
    issue of police reforms, viz. (i) National Human Rights
    Commission (ii) Law Commission (iii) Ribeiro Committee (iv)
    Padmanabhaiah Committee and (v) Malimath Committee on
    Reforms of Criminal Justice System.
    In addition to above, the Government of India in terms of
    Office Memorandum dated 20th September, 2005 constituted a
    Committee comprising Shri Soli Sorabjee, former Attorney
    General and five others to draft a new Police Act in view of the
    changing role of police due to various socio-economic and
    political changes which have taken place in the country and
    the challenges posed by modern day global terrorism,
    extremism, rapid urbanization as well as fast evolving
    aspirations of a modern democratic society. The Sorabjee
    Committee has prepared a draft outline for a new Police Act
    (9th September, 2006).
    About one decade back, viz. on 3rd August, 1997 a letter
    was sent by a Union Home Minister to the State Governments
    revealing a distressing situation and expressing the view that
    if the Rule of Law has to prevail, it must be cured.
    Despite strong expression of opinions by various
    Commissions, Committees and even a Home Minister of the
    country, the position has not improved as these opinions have
    remained only on paper, without any action. In fact, position
    has deteriorated further. The National Human Rights
    Commission in its report dated 31st May, 2002, inter alia,
    noted that:
    "Police Reform:
    28(i) The Commission drew attention in its 1st
    April 2002 proceedings to the need to act
    decisively on the deeper question of Police
    Reform, on which recommendations of the
    National Police Commission (NPC) and of the
    National Human Rights Commission have been
    pending despite efforts to have them acted
    upon. The Commission added that recent
    event in Gujarat and, indeed, in other States of
    the country, underlined the need to proceed
    without delay to implement the reforms that
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 11
    have already been recommended in order to
    preserve the integrity of the investigating
    process and to insulate it from ’extraneous
    influences’.
    In the above noted letter dated 3rd April, 1997 sent to all
    the State Governments, the Home Minister while echoing the
    overall popular perception that there has been a general fall in
    the performance of the police as also a deterioration in the
    policing system as a whole in the country, expressed that time
    had come to rise above limited perceptions to bring about
    some drastic changes in the shape of reforms and
    restructuring of the police before the country is overtaken by
    unhealthy developments. It was expressed that the popular
    perception all over the country appears to be that many of the
    deficiencies in the functioning of the police had arisen largely
    due to an overdose of unhealthy and petty political
    interference at various levels starting from transfer and
    posting of policemen of different ranks, misuse of police for
    partisan purposes and political patronage quite often extended
    to corrupt police personnel. The Union Home Minister
    expressed the view that rising above narrow and partisan
    considerations, it is of great national importance to insulate
    the police from the growing tendency of partisan or political
    interference in the discharge of its lawful functions of
    prevention and control of crime including investigation of
    cases and maintenance of public order.
    Besides the Home Minister, all the Commissions and
    Committees above noted, have broadly come to the same
    conclusion on the issue of urgent need for police reforms.
    There is convergence of views on the need to have (a) State
    Security Commission at State level; (b) transparent procedure
    for the appointment of Police Chief and the desirability of
    giving him a minimum fixed tenure; (c) separation of
    investigation work from law and order; and (d) a new Police Act
    which should reflect the democratic aspirations of the people.
    It has been contended that a statutory State Security
    Commission with its recommendations binding on the
    Government should have been established long before. The
    apprehension expressed is that any Commission without
    giving its report binding effect would be ineffective.
    More than 25 years back i.e. in August 1979, the Police
    Commission Report recommended that the investigation task
    should be beyond any kind of intervention by the executive or
    non-executive.
    For separation of investigation work from law and order
    even the Law Commission of India in its 154th Report had
    recommended such separation to ensure speedier
    investigation, better expertise and improved rapport with the
    people without of-course any water tight compartmentalization
    in view of both functions being closely inter-related at the
    ground level.
    The Sorabjee Committee has also recommended
    establishment of a State Bureau of Criminal Investigation by
    the State Governments under the charge of a Director who
    shall report to the Director General of Police.
    In most of the reports, for appointment and posting,
    constitution of a Police Establishment Board has been
    recommended comprising of the Director General of Police of
    the State and four other senior officers. It has been further
    recommended that there should be a Public Complaints
    Authority at district level to examine the complaints from the
    public on police excesses, arbitrary arrests and detentions,
    false implications in criminal cases, custodial violence etc. and
    for making necessary recommendations.
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 11
    Undoubtedly and undisputedly, the Commission did
    commendable work and after in depth study, made very useful
    recommendations. After waiting for nearly 15 years, this
    petition was filed. More than ten years have elapsed since this
    petition was filed. Even during this period, on more or less
    similar lines, recommendations for police reforms have been
    made by other high powered committees as above noticed.
    The Sorabjee Committee has also prepared a draft report. We
    have no doubt that the said Committee would also make very
    useful recommendations and come out with a model new
    Police Act for consideration of the Central and the State
    Governments. We have also no doubt that Sorabjee
    Committee Report and the new Act will receive due attention of
    the Central Government which may recommend to the State
    Governments to consider passing of State Acts on the
    suggested lines. We expect that the State Governments would
    give it due consideration and would pass suitable legislations
    on recommended lines, the police being a State subject under
    the Constitution of India. The question, however, is whether
    this Court should further wait for Governments to take
    suitable steps for police reforms. The answer has to be in the
    negative.
    Having regard to (i) the gravity of the problem; (ii) the
    urgent need for preservation and strengthening of Rule of Law;
    (iii) pendency of even this petition for last over ten years; (iv)
    the fact that various Commissions and Committees have made
    recommendations on similar lines for introducing reforms in
    the police set-up in the country; and (v) total uncertainty as to
    when police reforms would be introduced, we think that there
    cannot be any further wait, and the stage has come for issue
    of appropriate directions for immediate compliance so as to be
    operative till such time a new model Police Act is prepared by
    the Central Government and/or the State Governments pass
    the requisite legislations. It may further be noted that the
    quality of Criminal Justice System in the country, to a large
    extent, depends upon the working of the police force. Thus,
    having regard to the larger public interest, it is absolutely
    necessary to issue the requisite directions. Nearly ten years
    back, in Vineet Narain & Ors. v. Union of India & Anr.
    [(1998) 1 SCC 226], this Court noticed the urgent need for the
    State Governments to set up the requisite mechanism and
    directed the Central Government to pursue the matter of
    police reforms with the State Governments and ensure the
    setting up of a mechanism for selection/appointment, tenure,
    transfer and posting of not merely the Chief of the State Police
    but also all police officers of the rank of Superintendents of
    Police and above. The Court expressed its shock that in some
    States the tenure of a Superintendent of Police is for a few
    months and transfers are made for whimsical reasons which
    has not only demoralizing effect on the police force but is also
    alien to the envisaged constitutional machinery. It was
    observed that apart from demoralizing the police force, it has
    also the adverse effect of politicizing the personnel and,
    therefore, it is essential that prompt measures are taken by
    the Central Government.
    The Court then observed that no action within the
    constitutional scheme found necessary to remedy the situation
    is too stringent in these circumstances.
    More than four years have also lapsed since the report
    above noted was submitted by the National Human Rights
    commission to the Government of India.
    The preparation of a model Police Act by the Central
    Government and enactment of new Police Acts by State
    Governments providing therein for the composition of State
    Security Commission are things, we can only hope for the
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 11
    present. Similarly, we can only express our 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
    for the Rule of Law, treating everyone equal and being partisan
    to none, which will also help in securing an efficient and better
    criminal justice delivery system. It is not possible or proper to
    leave this matter only with an expression of this hope and to
    await developments further. It is essential to lay down
    guidelines to be operative till the new legislation is enacted by
    the State Governments.
    Article 32 read with Article 142 of the Constitution
    empowers this Court to issue such directions, as may be
    necessary for doing complete justice in any cause or matter.
    All authorities are mandated by Article 144 to act in aid of the
    orders passed by this Court. The decision in Vineet Narain’s
    case (supra) notes various decisions of this Court where
    guidelines and directions to be observed were issued in
    absence of legislation and implemented till legislatures pass
    appropriate legislations.
    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
    aforenoted position, we issue the following directions to the
    Central Government, State Governments and Union Territories
    for compliance till framing of the appropriate legislations :
    State Security Commission
    (1) 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 models 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
    Chairman
    1. Minister i/c Police (exofficio
    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
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 11
    Judge nominated by Chief
    Justice of High Court.
    3. Judge, sitting or retired,
    nominated by Chief Justice
    of High Court.
    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 this 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.
    Selection and Minimum Tenure of DGP:
    (2) 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.
    Minimum Tenure of I.G. of Police & other officers:
    (3) 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.
    Separation of Investigation:
    (4) The investigating police shall be separated from the
    law and order police to ensure speedier investigation,
    better expertise and improved rapport with the people.
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 11
    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.
    Police Establishment Board:
    (5) 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 of and above the
    rank of Superintendent of Police, and the Government
    is expected to give due weight to these
    recommendations and shall normally 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.
    Police Complaints Authority:
    (6) 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
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 11
    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.
    National Security Commission:
    (7) 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 31st December, 2006 so that
    the bodies afore-noted became operational on the onset of the
    new year. The Cabinet Secretary, Government of India and
    the Chief Secretaries of State Governments/Union Territories
    are directed to file affidavits of compliance by 3rd January,
    2007.
    Before parting, we may note another suggestion of Mr.
    Prashant Bhushan that directions be also issued for dealing
    with the cases arising out of threats emanating from
    international terrorism or organized crimes like drug
    trafficking, money laundering, smuggling of weapons from
    across the borders, counterfeiting of currency or the activities
    of mafia groups with trans-national links to be treated as
    measures taken for the defence of India as mentioned in Entry
    I of the Union List in the Seventh Schedule of the Constitution
    of India and as internal security measures as contemplated
    under Article 355 as these threats and activities aim at
    destabilizing the country and subverting the economy and
    thereby weakening its defence. The suggestion is that the
    investigation of above cases involving inter-state or
    international ramifications deserves to be entrusted to the
    Central Bureau of Investigation.
    The suggestion, on the face of it, seems quite useful.
    But, unlike the aforesaid aspects which were extensively
    studied and examined by various experts and reports
    submitted and about which for that reason, we had no
    difficulty in issuing directions, there has not been much study
    or material before us, on the basis whereof we could safely
    issue the direction as suggested. For considering this
    suggestion, it is necessary to enlist the views of expert bodies.
    We, therefore, request the National Human Rights
    Commission, Sorabjee Committee and Bureau of Police
    Research and Development to examine the aforesaid
    suggestion of Mr. Bhushan and assist this Court by filing their
    considered views within four months. The Central
    Government is also directed to examine this suggestion and
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 11
    submit its views within that time.
    Further suggestion regarding monitoring of the aforesaid
    directions that have been issued either by National Human
    Rights Commission or the Police Bureau would be considered
    on filing of compliance affidavits whereupon the matter shall
    be listed before the Court.
     
  14. ajtr

    ajtr Veteran Member Veteran Member

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    The Supreme Court's historic judgment on police reforms is our best bet to transform the way our police force functions.

    [​IMG]

     
  15. ajtr

    ajtr Veteran Member Veteran Member

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    Police believe crime graph dips after every encounter.
    Policing encounters

    Jagadish Angadi
    [​IMG]
    Encounters are steadily on the rise, with the police stamping their approval on these extra-judicial killings. Despite continuous protests from human rights activists, the trend of eliminating criminals with a quick bullet has found favour with the City cops.

    Three police encounters in less than 10 days. Now, if that sent the chill down the spine of every criminal in the City, would you dub the police trigger-happy?

    While human rights activists predictably claim these encounters were ''deliberately staged,'' the police have the usual alibi: We had no choice, we were pushed to the corner!

    The slained killers’ relatives obviously cry hoarse, citing human rights violation. But the police reel out a long list of the criminal’s misdeeds. Even the criminal has the right to get the due process of law. But if he turns violent, the police say, they would act. Going one step further, the police would even send a more deadly message. Like they did by honouring a house owner recently for shooting to death a sandalwood thief.

    But encounters aren’t anything new to Bangalore. In the first such case, Station Shekhar, an associate of don M P Jairaj, was gunned down in 1989. Over 30 such encounters have been recorded since then. This year alone, the police have killed four persons and injured one in separate encounters.

    Involved in the encounters, the anti-rowdy squad is a small team comprising only a few officers. ACP Ashok Kumar and Abdul Azeem, now an MLC, have been involved in five encounters, with the rowdies surviving in two cases. Former ACP G A Bava led the team that killed Eric D'Souza, a Mumbai-based gangster, who was in the City to murder another former gangster.

    Mumbai encounter specialist Vijay Salaskar had gunned down three Mumbai gangsters on Cubbon Road. In January and February 2007, the then ACP B K Shivaram and his team killed Shimoga Naga, an associate of Hebbet Manja, on Hebbal flyover.

    Only in some of these cases were the police taken to court. But the police had the last laugh.

    Police stand

    City Police Commissioner Shankar Bidari does not see encounters as a means to enforce justice. “Certain situations force encounters as they are not planned occurances. The police officers on the spot use weapons considering the situation,” he explains.

    Pulakeshinagar ACP, B B Ashok Kumar justifies each of the 18 encounters he was
    involved in across the State. “Encounters are required if one looks into the background of those killed. They were involved in several heinous crimes, had taken law into their hands frequently, had posed a great threat to society and the police and attacked the police.”

    Police are convinced that the crime graph dips after every encounter. Is this a trend that, as some department insiders say, tempts the police top brass to resort to such killings when they fail to control activities of notorious criminals?

    But the police are quick to deny it. “The decision to use weapons is not a pre-meditated one. It happens based on a particular situation,” defends an officer.

    Death sentence without trial

    Human rights votaries say encounter killing is a death sentence without trial. Policemen dubbed as ‘encounter specialists’ ought to be treated for what they are, criminals, instead of being labelled as heroes, they contend.

    An encounter is grossly inappropriate to the actual event, which is nothing but state-sanctioned murder of people, say the rights activists. The unstated policy of encountering unwanted elements is wrong at every possible level - moral, political, strategic and informational - and it leads to a crisis of legitimacy of the State.

    Here’s their critical contention: “How is that policemen rarely die in encounters, when these insurgents are typically shown to be much better armed than our police? The men in khaki should realise they are paid to bring offenders to justice, not to kill them. It is high time the uniformed units are trained to be patient.”

    But Bidari cites Section 103, IPC which permits the use of weapons for self defence. “Is it not a human right violation when criminals open fire at the police?” he asks. “And, what about those officers who were injured or killed by criminals? What about those innocent people who were brutally murdered by criminals? Why don’t human rights activists fail to consider this?” Ashok Kumar wonders. The debate goes on.
     
  16. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    ^^^^Human Rights activists are the SOURCE of all the problems today. They need to be shunted out of India for this support of all anti-Indian activities from pickpockets to terrorists from cross-border. When there was the bloody 26/11 happening with 200 Indians and foreign guests massacred, where the F were these losers? Sitting in their pigeon holes and silently watching the debacle on TV. When the massacres of Kashmir raged in 1989, where the F were these bloody so-called activists? When the bloody thankless, beggar BDR troops attacked and killed 16 BSF soldiers in 2003, where the F were these activists? When Pakistanis executed a captured Indian soldier through beheading breaking all the rules of Geneva Convention due to their bloody Jihad rules, where the F were these scumbag losers? When cross-border and Kashmiri bloody Jihadists massacred 34 Indian Army officers' families by butchering them, where the F were these low life cheap scums?

    At ALL THESE TIMES, there's no f****** human rights isn't it? Soldiers, police officers, innocent city residents aren't humans isn't it? Bloody hypocrites.

    I have said this and I shall say this again; the day current structure, order, and ideology-based Human Rights Activists are kicked out of India and banned, only to reform the organization first and then allow it to come back, ONLY that day India's crime rate, terrorism, separatism, gangster war etc will end. Otherwise, it will keep continuing thanks to these double agents who are a sell off to the highest bidder. To make it clear, Arundhati Roy, Medha Patkar, Teesta Setalvad etc are some of the biggest examples of traitors. It cannot get any clearer or tangible than this.

    People of India have to wake up.
     
    Last edited: Oct 10, 2010
  17. RAM

    RAM The southern Man Senior Member

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    Location:
    Bharath


    Top cop promises his men carrot & stick

    Brijesh Kumar Gupta, 58, took over as Delhi Police commissioner on Wednesday. An IPS officer of the 1975 batch, Gupta was Director General, Prisons, at Tihar Jail, where he is known to have pursued a reformist agenda during his four-year tenure. In a free-wheeling interview, Gupta outlined his priorities and invited feedback from people for better policing. Some excerpts:

    Q: What is your biggest challenge and priority?
    A: A complete revamp of beat policing to introduce a more humane face of Delhi Police. SHOs, DCPs and ACPs will be subjected to a performance appraisal every month. This will be based on action taken against organized crime. A feedback will also be taken from people. Detection of heinous crimes like rape and murder will be used to judge performance. Data on drug users will be created since they are frequent offenders. My experience at Tihar will help in rehabilitating these drug users.

    Q: Delhi's traffic is growing and becoming unmanageable with each passing day. There seems to be a selective approach by traffic police in enforcing rules.

    A: One of my first priorities is to improve the traffic situation and make the traffic policeman visible on the road. The concept of lane driving will be enforced in phases soon, starting with busy markets. Another area of concern is parking near markets and residential colonies. We will streamline parking in busy marketplaces where three-four lanes of parking reduces road width and makes traffic crawl. The traffic police will not tolerate any violation and a plan for higher penalties is in the pipeline. There will be a zero-tolerance approach by Delhi Police, and during peak hours, high priority will be accorded to regulation of traffic. Important traffic corridors will be identified for aggressive management. There is also a plan to streamline functioning of prepaid services at railway stations, ISBTs and markets and there will be strict enforcement against autorickshaws and taxis for refusal, overcharging and misbehaviour

    Q: How do you plan to improve the working of the police force? Despite several reforms, complaints of misdeeds by policemen are many and corruption is rampant in all ranks.
    A: My message to my force is clear no black sheep, no misdeeds will be tolerated. There will be a check on all police officers who have been earlier accused of any corruption. I have asked my men to do well and they will be rewarded. They are welcome to approach me any time. From today, the emphasis will be on exemplary and brave work for which there will be out-of-turn promotions and rewards. To make the police more professional, there will be renewed emphasis on improving investigative abilities and capabilities, including a leap in use of forensic methods and tools to solve any crime.

    Q: There have been several instances when the police have not registered a case and instead harassed the complainant. A lot of these cases go unreported as they are brushed under the carpet.
    A: `Burking' will not be tolerated and I plan to spend more time in the field than in office solving these issues. The law and order situation in the city needs to be improved and the local cop needs to have a `humane' solution to the problem of the complainant. I want crime and criminals to be nipped in the bud. This is the best way for preventing and reducing crime. There is also a plan to revamp the crime branch and special cell which will be tasked to gather intelligence on criminals and terrorists. I want to post the best investigative officers in these two units. These will be at the forefront of Delhi Police activities and will be given a free hand to carry out operations.

    Q: How do you plan to quell the rising incidents of crime against women and also an increase in the number of juvenile offenders? Women do not feel safe on the streets any longer.
    A: For the first time, we plan to introduce a women reception desk at each and every police station. The complainant should be given due respect by the policemen. In some areas like Delhi University, we want women officers to manage the police station. This will be facilitate uninhibited and unhindered police access for women. Cases of juvenile offenders are also a matter of concern. This needs to be dealt with cautiously and officers handling such offenders will be sanitized.

    Q: What are your plans for modernisation of the police force?
    A: Delhi Police is a most advanced police force and there are several modernisation plans that are in the pipeline. But with technology becoming obsolete within days, there is a plan for a complete revamp in the use of these modern equipment and investigative skills. The much-awaited Intelligent Traffic System is be the first project that we wish to complete. Cyber highways and technological advancement to combat terrorism and crime will be the other focus areas. Quality training of police personnel to improve their functioning also needs attention.

    Read more: Top cop promises his men carrot & stick - The Times of India http://timesofindia.indiatimes.com/...t-stick/articleshow/6904165.cms#ixzz14vPQXirv










     
  18. RAM

    RAM The southern Man Senior Member

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    Community policing initiatives in Kerala

    Forging partnerships between police and people is a concern of all democratic governments. The improvement of policing is part of the development process itself. Indeed, there cannot be any sustained development unless peace and order are guaranteed. The efficacy of policing will be nullified unless the community is taken into confidence.Against the backdrop of growing threats of terrorism and globalisation of crime, ensuring community participation in the maintenance of the public order and crime reduction are major challenges before all societies. Police-community partnership is needed not only to ensure economic and social development but also to achieve global peace.

    A silent revolution in this partnership has taken place in 43 police station limits in Kerala over the last two-three years, in the form of a community policing project, Janamaithri Suraksha. This followed the acceptance by the government of the recommendations of the Justice K.T. Thomas Commission on Kerala Police Performance and Accountability. A series of deliberations and consultations on the draft project prepared by the police was undertaken. A political and social consensus was arrived at before the project was launched. Beat officers were chosen and professional training was imparted to them. Communities were sensitised to the project. The financial commitments were partly met from the State Plan funds.
    The basic objectives are to reduce crime levels, detect crimes and forge a partnership between the police and the public in the area of security. The project centres on a beat officer who is in daily contact with the people in a locality, typically with around 1,000 houses. The officer knows the area and gains the support and trust of the people.


    A nominated committee without political affiliations, comprising members representing every section of society, met frequently to discuss security-related issues and chalk out plans.Under Janamaithri Suraksha, schemes such as combined night patrolling, traffic safety, environmental safety, blood and organ donation and legal awareness classes for women were implemented in different police station limits. The Janamaithri Suraksha Samithi decided the project to be chosen for each area.


    People started participating in Samithi meetings in large numbers and discussed various local security issues (excluding cases under investigation or trial, and issues relating to criminals to be arrested). Many of the projects implemented were extremely successful, and crime reduction up to 50 per cent was achieved in the police station areas of Irinjalakuda, Perinthalmanna, Kochi and Aluva. Janamaithri Kendras have trained youngsters, and even organised football tournaments and drama competitions. A student police cadet programme was on in some schools.
    Such was the degree of acceptance of the project that all MLAs wanted it implemented in their constituencies. The Irinjalakuda police station won ISO certification for the project.


    In this backdrop, the government decided to extend the project to 100 more police station areas. It organised a Global Conclave on Community Policing in Kochi, with a view to learning lessons from the global community of community policing practitioners and researchers. The event was held in Kochi on November 3 and 4.About 130 delegates from 42 countries and different Indian States, all community policing practitioners and researchers, participated. The conclave benefited practitioners from India, exposing them to global models of community policing.


    David Purdy, Senior Police Adviser, Department of State, United States, spoke on the need to make community policing an organic programme that should continuously change to meet emerging challenges. It should be ensured that the process does not turn into spying for or against the police, he added.


    Nicholas Parker, a management consultant from the United Kingdom, dwelt on how England, in the 1980s, witnessed a series of riots as a result of a decline in traditional community-oriented policing. Michael Berlin, Professor of Coppin State University, U.S., observed that there should be a balance between community service and law-enforcement. Comsat, or computer driven crime statistics, was an attempt to use technology to reduce crime. “An ideal strategy must involve a combination of Comsat and community policing,” he said.


    Muji Diah Setiani from Indonesia talked about the community policing policy in his country, called Polmas, pursued with assistance from Japan. In Macedonia, community policing is done with the help of advisory groups comprising officers, religious leaders, educational servants, representatives of local housing sectors and politicians.


    Dr. Stephen B. Perrot talked daringly about the situation in the Gambia, titling his presentation “Predatory leadership as a foil to community policing partnership.” He said the President and senior leaders did not give support for reforming the police structure. Later, during a private conversation, he mentioned to this writer that he may be arrested if he goes to the Gambia, for what he said in the conclave about the political leadership of the West African country.


    Abdul Rahman Dambazau, Chief of the Army Staff (retired), Nigeria, however, said one could not generalise the West African model as the African model. What happened in the Gambia was not true of all of Africa, he said.Nguyen Van Canh and Cao Hoang Long from the People's Police Academy, Vietnam, said community policing was part of every activity of policing in their country, where it is part of government policy.


    Dunkan Chappel of Australia talked about mental patients and community policing. Arvind Varma from Indiana University ended the final session with an insightful critique of community policing. He questioned the difference between community policing and traditional policing, since the latter is also supposed to serve the community. In the absence of a fixed tenure, a police officer could not build relationships with the community, he said. He emphasised the need for a strong process of evaluation. Criticism from all quarters, including the human rights community, should be welcomed.
    R.K. Raghavan, P.K. Hormis Tharakan and Abraham Kurien, all of whom have held positions at the highest levels in the Indian police structure, chaired sessions. Director of the Central Bureau of Investigation Aswini Kumar and Uttarakhand Director-General of Police Jyoti Swaroop Pandey also chaired sessions. Assam Director-General of Police Sankar Baruva discussed the ‘Aswas' project in his State. Pradeep Philip, senior Indian Police Service officer from Tamil Nadu, spoke about the Friends of Police Movement in the State. ADGP Meeran Borwanker spoke of the Mahila Dakshati Samithis in Maharashtra. The former National Investigation Agency chief, Radha Vinod Raju, spoke of the concerns of community policing in terror-prone areas, with special emphasis on Jammu and Kashmir. Harmanpreet Singh, Inspector-General of Police from West Bengal, spoke of operational challenges in community policing with special reference to Left-wing extremism. T.K. Vinod Kumar, Deputy Director, Sardar Vallabhbhai Patel National Police Academy, Hyderabad, spoke about the role of community policing in communally sensitive situations.Kamaljith Deol, DGP, Arunachal Pradesh, was one of those very impressed with the presentations.


    A session that attracted considerable attention was the one attended by Janamaithri Suraksha Project beat officers, grass-roots level officers and community members. It was chaired by Dr. N.K. Jayakumar, Vice-Chancellor, National University of Advanced Legal Studies (NUALS), based in Kochi.


    The Kerala project could well be a model for other States. The total involvement of the police leadership under DGP Jacob Punnoose, strategies based on bottom-up planning, government support in terms of funding, and continuous evaluation let the project take wing, make social capital and strike root in Kerala.

    http://www.thehindu.com/opinion/lead/article874647.ece?homepage=true
     
  19. Virendra

    Virendra Moderator Moderator

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    The very first thing I'd like to see is that they throw those old junk WW II times rifles that get jammed or misfire on half occasions. Apart from shotguns, also get some new Glocks or Desert Eagles. They're good guns and on top of that, very beautiful too :happy_7:
     
  20. RAM

    RAM The southern Man Senior Member

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    SC pushes for police reforms



    Read more: SC pushes for police reforms - The Times of India http://timesofindia.indiatimes.com/...reforms/articleshow/7055310.cms#ixzz17MvMyJRA
     
  21. RAM

    RAM The southern Man Senior Member

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    Put all new FIRs online: Delhi HC


    Read more: Put all new FIRs online: Delhi HC - The Times of India http://timesofindia.indiatimes.com/...lhi-HC-/articleshow/7056292.cms#ixzz17MwYkcli
     

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