|
 Before
the Committee filed its report to the Government, a very significant
case came before the Supreme Court. The former Uttar Pradesh police
Chief Prakash Singh IPS filed a PIL as Writ Petition No 310 of 1996.
Singh called on the government to implement the recommendations of
the NPC and the National Human Rights Commission. Four specific
issues were raised in the petition: (1) creation of a State Security
Commission; (2) adoption of a fixed tenure for the police chief; (3)
separation of the law and order and investigative branches of the
police force; and (4) introduction of a new Police Bill.
In
the Prakash Singh case, the Supreme Court ordered the
Government of India to establish a Sub-Committee, headed by Julio
Ribeiro, to examine the main themes of NPC’s recommendations. The
terms of the Sub-Committee were detailed in MHA Memo No.
11018/1/98-PMA dated 25 May 1998. Some NGOs worked with the
committee to review and perfect the NPC recommendations. Four years
after the formation of the Ribeiro Committee, however, no tangible
results are in sight. The Supreme Court, having completed its
hearings on the petition over a year-and-a-half ago, has reserved
its judgement
It
was in this context the Supreme Court decided to take the report of
the Soli Sorabjee Committee with regard to the concrete proposals to
improve the quality of service by the police.
The
suggestions by the Committee were based on three fundamental values:
They are:-
Accountability
of the police – whether the police is functioning as they are
required of by the Police Act.
Impartiality-
The police should be fare and just, always and everywhere. Caste,
creed, colour or political affiliation, nor sexual bias/sexual
orientation shall not be criteria for police action;
Efficiency:-
Equip the police force with modern systems of knowledge and skills
to undertake investigations of crimes that need professionalism.
 What
was most urgent in modernising the police was an appropriate legal
framework to professionalize police. Therefore the Committee has
suggested the creation of a State Police Board that should be
independent of the Government and police. It should be consisted of
members of civil society; of course police and government bodies
will be adequately represented.
In
selecting the DGP, there should be new mechanism. Depending the
credibility, service record, and ability a panel of three officers
with required qualifications will be proposed and one among them
selected as DGP. The DGP will be accountable to the State Police
Board. A fixed tenure will be given to the DGP and he shall not be
removed unless there are grave reasons.
A
Committee will be constituted for the functions like posting of
police to respective stations and offices, transfers and promotions.
The Committee will submit its proposals to the Government and it
will have to be complied with.
How
to improve efficiency in police? The Crime Investigation has to be
de-linked from Law and Order Department. The Investigation segment
of police will consist of highly proficient experts in various
fields like medical doctors, engineers, cyber experts,
psychologists, social scientists, legal luminaries etc. They shall
not be required for the duties of civil police eg: escorting
political leaders and VIPs etc.
Intensive
training is another step in the line of improving efficiency. The
constabulary must be abolished and in their place Civil Police
Officer Grade II will be created. Their minimum qualification will
be graduation. Their pay scale, housing, working hours, welfare
measures etc should be appropriately modified. The existing
constables in service should undergo strict training and must be
declared to be graduates.
Associations
and divisive trends in police like politicisation, communalisation,
etc should not be allowed. All such freedoms will jeopardise the
criminal administration and will adversely affect the independent
functioning of the police.
There
must be a Police Welfare Bureau in police to look into their genuine
grievances. There are suggestions to improve the Police-Public
relations. The creation of Village Police Guards will enhance
community participation in policing. There shall be a Citizen’s
Committee in every district that shall function as a Consultative
Body to the SP.
To
ensure Accountability of the police, there shall be State Police
Accountability Commission under the chairmanship of a High Court
Judge to be appointed by the Chief Justice of the High Court. It
shall be independent of the police. All complaints against police
excess, including corruption, torture, indecent behaviour etc must
be reported to the SPAC.
Armed
police constabulary will continue as present, but with better
facilities.
The
talk of Padmashree Dr.N.R.Madhava Menon, senior member of drafting
committee of the new Act, was organised by JANANEETHI as part of its
Human Rights Day observance. Advocate George Pulikuthiyil welcomed
the audience and introduced the speaker. Advocate Johnson Ainikal
proposed the vote of thanks.
|
Police
comes under State List as per the 7th Schedule to the
Constitution. Hence the Central Government can only advise and
suggest to the State governments with regard to the modernisation of
the police. However the directive of the Supreme Court to the Union
and State governments stands strong and the governments to that
extent have no excuse, but to comply with the directives by the apex
court.
