Indian Police Reform

[SaiK]

For both Civil and Criminal, they need to be reformed and refined. They need to learn how to talk and behave with human beings (civil), and how to deal with the criminals separate. What they can learn is lot in the civil zone from IA.. especially, faced with up-hill task, they have done pretty appreciable job.

For police force it should be simple adherence and acceptance of fellow citizens as human beings. Is that too much to ask for?

[Sachin]

What they can learn is lot in the civil zone from IA.. especially, faced with up-hill task, they have done pretty appreciable job.

In how many states in India does IA actually do the police work, including manning traffic check points, investigating cases or handle a larger variety of law and order problems? As I see it Army is involved in a bit of law & order duty (mainly from the security threat perspective) in J&K and in Northern States. Here again they mainly deal with providing security and only going after terrorists. The Army is doing only a part of the activity which the police does. And for this activity more people connect is required (and they have done that). But other than that the Army does NOT face any problem which the Police Forces face. In how many military camps do you see large number of civilians lining up with a variety of complaints to be addressed by an officer? For all practical purposes the civilians do not know what happens inside the military camps, and the soldiers in the camps generally are not interested in civilian matters as well. The police has a much more complex job profile. They need to be strong (yet not so strong, because human rights wallahs would get upset). They need to be polite (but cannot be seen as too polite, as it means they are favouring some one). They need to be independent and fair (both parties will blame the lack of it, if the police do not tow their line). And they need to be extra smart in each and every investigation to bring the criminals to justice (for if a court does not find good evidence, the case goes flying out of the window). The fact is that due to the very nature of the job police have to please too many parties in too many ways, and if that does not happen one of the parties would surely make a hue and cry.

[member_23629]

There is All India Civil Service, then there is provincial civil service of different states and then there is the subordinate cadre. The provincial civil service people stay in their own state and are not transferred in any other state or in central government. They typically get promoted to IAS after 20 or 25 years of service.

[Sachin]

The provincial civil service people stay in their own state and are not transferred in any other state or in central government. They typically get promoted to IAS after 20 or 25 years of service.

What I have noticed is that in Provincial Civil Service for Karnataka and Tamil Nadu there is a scheme in which recruitments are made to a bit more higher ranks (eg. Dy.SP etc.). They remain in that state, and off course do go up senior in the hierarchy. In Kerala I have not see such a practise. For example, I have not seen any job calls to KPS at the enrty level post of Dy.SP. Either it is for Sub-Inspectors or the usual route of IPS. And my take is that a person joining Karnataka Police Service as Dy.SP would soon reach some ranks other wise designated for IPS cadres.

[anchal]

Same happens in UP. UP PPS cadre guys start at the level of DSP. Get promoted to IPS at the fag end of their career depending on fancies of the political circus masters

[rohitvats]

<SNIP> The Army also has a similar concept where a jawan can become a Subedar Major at the most. Then they have the Hon. Commission system, which is equivalent to the "Conferred IxS" status which is used in the civil service.

<SNIP>

Sorry, but that is a wrong example and out of context. The concept of other ranks (ORs) and Officers is a universal phenomenon. In no army do ORs become officers simply by way of natural promotion process. Officers are commissioned as officers. The analogy would have been relevant if there were two different set of officer cadre like in Police and CPMF.

[Sachin]

UP PPS cadre guys start at the level of DSP. Get promoted to IPS at the fag end of their career depending on fancies of the political circus masters

And my understanding is that these folks who join as DSP do pick up ranks to become a SP and perhaps even a DIG (even though they are not in IPS). They do not join as Dy.SP and just pick up one rank in their entire career. And "conferring IPS" has always been a politicians game . About a case which is now going on in Kerala. Four State Police Service personnel and the conferring of IPS.

Sorry, but that is a wrong example and out of context. The concept of other ranks (ORs) and Officers is a universal phenomenon. In no army do ORs become officers simply by way of natural promotion process. Officers are commissioned as officers. The analogy would have been relevant if there were two different set of officer cadre like in Police and CPMF.

Point taken. Will wait for chaanakya for his inputs as well.

[chaanakya]

UP PPS cadre guys start at the level of DSP. Get promoted to IPS at the fag end of their career depending on fancies of the political circus masters

And my understanding is that these folks who join as DSP do pick up ranks to become a SP and perhaps even a DIG (even though they are not in IPS). They do not join as Dy.SP and just pick up one rank in their entire career. And "conferring IPS" has always been a politicians game . About a case which is now going on in Kerala. Four State Police Service personnel and the conferring of IPS.

Sorry, but that is a wrong example and out of context. The concept of other ranks (ORs) and Officers is a universal phenomenon. In no army do ORs become officers simply by way of natural promotion process. Officers are commissioned as officers. The analogy would have been relevant if there were two different set of officer cadre like in Police and CPMF.

Point taken. Will wait for chaanakya for his inputs as well.

I think this is not the thread to discuss this point. May be in some other appropriate thread. But Varun rohit and Anchal and to a some extent you are right as well.

[chaanakya]

IA is in COIN operations and not in L&O which is with JKP. L&O is y not IA mandate anywhere. Max they provide support.

Of course Police job is much complex in that it has to come in touch with citizens in every aspect of its work. And they would be as smart as the society they come from. Afterall training can take one thus far and no further unless one has solid grounding in ethics morals subjects etc.

[Sachin]

May be in some other appropriate thread. But Varun rohit and Anchal and to a some extent you are right as well.

Now that we have the right thread, can you let us know your thoughts on the police hierarchy setup its advantages and disadvantages? . And do correct me if my information was incorrect.

[sum]

Enough is enough, say senior officers

The police cadre feels there is a need for an immediate revamp of the department’s functioning. They said the present system is unscientific as it has led to pressure on the personnel and their inhuman and uncivilised attitudes.

Moreover, the ratio between the public and the police is not ideal, say retired officers and want counselling facilities introduced at every station to redress grievances of the lower rung staff.

Currently, the constables work in two shifts of 12 hours each as against three shifts of eight hours each a few decades ago. More than 60 per cent of the constables working in Bangalore City stay in Bidadi, Ramanagar, Anekal, Hoskote and Nelamangala due to costly housing in the City. Such men rarely find time to be with their families. Around 30 per cent of the constables stay in quarters which are in a pathetic state. Higher-ups choose three modes to punish the constables - asking them to discharge duties as sentries (in charge of station security - which constables feel is below their dignity), refusing leaves and assigning continuous shifts.

The constables are forced to take additional burden as vacant posts are not filled up. There is no sanction to increase the numbers against the increasing population.

“The sanctioned strength is over 90,000 and there are around 18,000 vacant posts. The process is on for recruiting 1,700 constables, direct recruitment of 100 sub-inspectors and appointing constables and SIs for KSRP and Indian Reserve battalion,” Director General and Inspector General of Police L R Pachau told Deccan Herald.

“Currently, there is one constable for every 750 people, but the ideal number is one constable for around 300,” points out retired Assistant Commissioner of Police B B Ashok Kumar. He says nearly 60 men are required to run a police station, but a majority of the stations have just around 35 men. Pressure increases on those who stay in the stations as some of them need to attend to duties like court proceedings, issuing summons, warrants and special duties, he said.

Constables are given only two promotions till their retirement. “These days, graduates and postgraduates have become constables. They find it difficult to cope with the situation as the inspectors are also either graduates and post-graduates. Hence, nearly 20 per cent of the new constables quit the job and join other departments,” he said.

Just two promotions for a constable? Why are we even continuing with such a pathetic British relic?

The implementation was delayed, but about 13,000 constables were recruited between 2006 and 2009. Regular recruitments were stopped thereafter.

“It is not the question of increasing the staff, but filling up the vacant posts,” he said.
Shankar Bidari, during his tenure as DG&IGP, had pressured the government, which resulted in including parents of constables under the Arogya Bhagya health scheme as only constables, their spouses and children were entitled for the facility till then. He ensured that the amount of group insurance went up to Rs 10 lakh from Rs three lakh. Currently, constables’ salaries range between Rs 15,000 and
Rs 18,000. 

All in all, a broken down system. No wonder the duties they are supposed to be involved in are also suffering

[Sachin]

All in all, a broken down system. No wonder the duties they are supposed to be involved in are also suffering

Last week I had the company of an HC now posted at Anugondanahalli PS. It is in Bangalore Rural Dt. (the same district where the PC shot dead the PSI). He had requested a lift. He stays with his family in Magadi (which is in Ramanagaram Dt.) Anugondanahalli is near Hoskote. A distance of 80kms one way, and going by the map these places are just on the West and Eastern extremes of Bangalore. As per him, the shifts are for 12 hours at a stretch (8:00hrs to 20:00hrs, and 20:00Hrs to next day morning 8:00Hrs). And there is no concept of marching out saying the shift is over. The PSI (Crime) and PSI (L&O) and the Inspector are supposed to be on 24 hours duty. They can go home, but are supposed to be back if some thing goes wrong. The slight advantage they have are the Police jeeps (which makes commuting a bit more easy). The system has a kind of rostering in place, but that can be changed easily. I dont know if this idea of keeping the policemen frusturated are a way to make them cruel and inhuman (same concepts of keeping hound dogs ill-fed etc.so that they become ferocious).

[sum]

^^ problem with such a system would be innocent, law abiding citizens come into crossfire of frustrations of the poor ill-treated policemen, esp lower rungs with whom public has most interaction.

The IPS-wallahs are anyways well-off and taken care of and directly deal only with "VIPs"

[sum]

More on the plight of constables:
Shooting brings constables’ woes to the fore

There seems to be more than what meets the eye behind the Sunday’s bitter shooting incident at Rajanukunte police station.

Strenuous relationship with higher-ups, stress due to overwork and lack of leave to spend time with their family are a few of the several problems faced by constables, all of which many a times lead to a tragic end in their personal or professional lives.

A senior constable at a City police station recalled how he was hounded by the inspector some months back over a trivial issue that he did not pick his call over the mobile phone. He said he could not pick the inspector's call as he was in the court then.

“But by the time I returned by evening, the inspector was so wild that he insulted me abusing me with foul language and even threatened to assault me,” he recounted. “I have more service in this department than him. I have worked with very senior officers too, but never had any problem earlier. But this man denies a sub-ordinate self-respect, which none of us need to tolerate. Even we are human beings,” he rued.

Another constable with the East Division said on most occasions, it is for either leave and duty allotment policemen quarrel with each other.

“If you are in the bad books of an inspector or any superior and if he starts to target you, your life almost becomes hell. Though such things are prevalent in any office, it is aggravated in the police department as it is a disciplinary force. The seniors can punish you and it could go really bad and also humiliating. But it is a part of the duty – an occupational hazard.”

The major problem faced by the constables are that they will be away from the families living in quarters near the station and when seniors deny them free time and leave, they are frustrated. One of the constables with the Bangalore police, said he was working in the City while his family lives in Chintamani, 70 miles away.

No respite from work

He said since three weeks he was working without even a single day off and has not been able to even visit his family on his daughter’s birthday.

Though there have been many proposals to improve the working conditions of constabulary like providing for compulsory weekly off on rotational basis, canteen facilities with food items at subsidised rates like in the Army to policemen, bringing down working hours of police to eight hours a day, they have been biting dust in the Home Department while there is a latent frustration building in the constabulary.

[SaiK]

www.thehindu.com/news/states/other-stat ... epage=true

According to eyewitnesses, there was a lathi charge which led to confusion among the pilgrims who were rushing toward the platform after an announcement for a train arrival.

why should lathi be used when there is a problem with infrastructure and crowd control & management. when I can allow only 10, why allow 100?

reforms should think at mass control for mass events. this is unacceptable state of affairs

[Sachin]

why should lathi be used when there is a problem with infrastructure and crowd control & management. when I can allow only 10, why allow 100?

Playing the devil's advocate here . The problem of poor infrastructure cannot be solved by the police (the perpitrators of the lathi charge). The police men at the venue would be really lucky if they are dealing with a crowd who would just disperse when they raise a finger and politely inform them that "I can allow only 10". If such a condition exists then the whole rush would be for becoming one of the 10 who can be allowed (which itself would lead to a stampede). Perhaps a Q system with advance booking facilities may have been a better way to deal with it (K.P tried a similar system in Sabari Mala crowd management). But this being a active railway station, I dont know if the police would get such liberties.

[ASPuar]

Interesting discussion a few posts above.

Some states do not recruit DSP's directly to their state police service. I know Orissa is one such, though I was not aware that Kerala too operates in this way.

I am not sure whether you are aware of the IPS recruitment rules. 33.33 percent posts in the IPS are reserved for promotees from the state cadre.

As such, their is a "promotion" reserve.

The manner in which the promotion is achieved, is that the sum total of the intended promotees total service in the state cadre (as DSP or above) is divided by 3, and the figure thus achieved, is deemed to have been the promotees previous service in the IPS. A minimum period of 12 years is required for the operation of this formula.

So, for instance, suppose I joined the state police service of a state, served for 21 years, and then was promoted to the IPS. I would be deemed to have served 7 years in the IPS on the date of appointment.

In some cases, even SI's who joined young, rose to the state police service DSP cadre, later went on to become IPS.

[Sachin]

In some cases, even SI's who joined young, rose to the state police service DSP cadre, later went on to become IPS.

This is quite common in the "100% literate state". In one of the posts I have mentioned about 3-4 state cadre officers who went to the court to get the IPS. All of these folks joined the force as Sub-Inspectors. From what I could make out in the whole case was that their names were sent to UPSC. The UPSC then sent for some clarifications, which the state government did not respond on time. So by the time UPSC took a decision the officers had got pensioned out. I dont know if the government of the day delayed this on purpose (because of politics). But these officers contested that the delay by the state govt. was not because of any fault of theirs, and they were the ultimate losers because of this. All of them are now back in the police service as IPS officers in charge of police districts.

[Vipul]

Will Indian constabulary cease to exist?

The 152-year-old institution of constabulary may cease to exist if the state governments give their go-ahead to a proposal in this regard.
The Centre has sent last week to all states a proposal by the second Administrative Reforms Commission (ARC) to abolish the existing system of constabulary in civil police by substituting it with recruitment of graduates at the level of Assistant Sub-Inspectors (ASI).However, hiring of constables in armed police will continue.

Union Home Secretary R K Singh said the issue was discussed at the April 15 conference of Chief Ministers and views of the state governments were sought.
"When we receive their views, these will be discussed by the Group of Ministers on ARC. Then the GoM will formulate its view and present before the Union Cabinet for final decision," Singh told PTI.

As on December 31, 2011, the strength of civil police in the country stood at 12,81,317 against the sanctioned strength of 16,60,953 while the number of armed police was 3,78,834 against the sanctioned strength of 4,26,879. The strength of women civil police, including district armed police, stood at 83,829 against the sanctioned strength of 1,49,566.

The backbone of Indian police -- constabulary -- came into existence with the enactment of Police Act in 1861. It is the lowest police rank followed by the head constable. Since each state has its own police force, the uniforms and insignia of the police varies, though the rank structure is same.While giving suggestions to empower the 'cutting edge' functionaries, the ARC recommended that the existing system of the constabulary should be substituted with recruitment of graduates at the level of ASI.

The ARC recommended that this changeover could be achieved over a period of time by stopping recruitment of constables and instead inducting an appropriate number of ASIs."Recruitment of constables would, however, continue in the Armed Police. The orderly system should be abolished with immediate effect. The procedure for recruitment of police functionaries should be totally transparent and objective. "Affirmative action should be taken to motivate persons from different sections of society to join the police service.Recruitment campaign should be organised to facilitate this process," the ARC said in its recommendations.

The Home Secretary said the recommendations of the ARC for paramilitary forces will also be deliberated by the GoM first and its views too will be placed before the Union Cabinet for final decisions.The strength of the constabulary in seven paramilitary forces is around five lakh.

At present, the constables are generally matriculates, and the ARC has suggested that as part of the police reforms process, it would be better to recruit graduates at the starting point in the civil police and give them the nomenclature of ASI.

Prakash Singh, former DGP of BSF, Uttar Pradesh and Assam, criticised the move saying those who recommended it were not aware of the ground realities.
He said even though prima facie it looks like a very attractive proposal, it is not practical as 80 per cent of police forces comprise the constabulary.
"Either you have to completely abolish or upgrade the existing constabulary to ASI and that will have huge financial burden. Besides, an ASI will be reluctant to do jobs like manning santry posts, night patrolling, guarding bus stations, railway stations, government buildings. I do not think this is a practical view," Prakash Singh told PTI.

The highly respected police officer was instrumental in getting a Supreme Court directive to the Central and State governments to comply with a set of directives laying down practical mechanisms to kick-start police reform.The ARC said that nearly 700 graduate ASIs could be recruited annually against a vacancy of around 1,000 constables and that too without any financial burden.

These officers upon completion of rigorous induction training could be assigned to various branches. These ASIs could then expect to be promoted up to the level of DSPs over a period of time. This by itself would serve as an effective motivating factor for such personnel to maintain high levels of integrity, professionalism and personal behaviour, the ARC said.The recruitment to the armed police units/battalions may continue as at present but the procedure for recruitment should be so designed as to ensure that it is totally transparent and free from any stigma of corruption, casteism, gender, communalism and similar other biases. Their training will have to be drastically refashioned and imparted on a continuing basis.

An important aspect in the recruitment procedure of policemen and police officers is that it should be totally objective and transparent. To ensure confidence in all sections of society it is equally important that the composition of the police force should reflect the composition of the society they are required to serve.To achieve this, police service should have fair representation from all sections of society including women.

It has been observed that unless recruitment camps are organised in a widely dispersed manner, certain sections of society may hesitate to come to the traditional recruitment centres. A more proactive approach is therefore required to attract persons from all sections of the society to join the police force, the ARC said.

[Karan Dixit]

NEW DELHI – In India, the ratio of police in relation to population is very low. Given the shortage, who should the government protect? The ordinary, teeming millions? Or India’s richest man?

On Monday, a newspaper reported that businessman Mukesh Ambani, India’s wealthiest citizen with a net worth of more than $21 billion, will be provided security by the government’s elite commando team. Ambani will now have bullet-proof escort vehicles with armed commandos from the Central Reserve Police Force (CRPF) wherever he goes in India.

http://www.washingtonpost.com/blogs/wor ... -continue/

[ramana]

From Hindu so take it for what it is worth:

Why DP chief wont step down?

Recently, angry protesters demanded the resignation of the Delhi Police Commissioner, and rightly so. He refused. Heads don’t roll easily in the police.

They don’t roll when a police chief fails to prevent a major terrorist attack; they don’t roll of children are killed by police forces; they don’t roll when commissions of inquiry rule that excess force deliberately targeted one set of rioters while another was given every assistance to rampage.

Why should the Commissioner resign when under his leadership, local police refuse to help find a missing child, are unwilling to file a complaint about it, and instead offer the family a bribe not to approach the media. Clearly no police chief offers a resignation or is asked to step down for poor performance so why should the Commissioner set a precedent?

When the chief is insulated from accountability by friends in high places then it is hardly surprising that across the country subordinates too fear no consequence for their poor response, for their wrong doing, their prejudice, dishonesty and bias. In reality police organizations across the country make no effort to create any objective system of assessing police performance either for individual officers, for police stations or for the force as a whole. It is not surprising then that their performance is in its present state and not surprising then that no officer senior or subordinate is pulled up for his actions.

For the constabulary which accounts for over 90% of the police force, there is no scientifically evolved evaluation system. At the time of appraisal, rewards and punishment given to individual constables are maintained in their service file with a few general remarks. This level of personnel is considered to be an obedient, mechanical functionary acting solely in compliance of orders from his superiors. When not considered fit for any useful policing job, it is safely presumed that any evaluation system can safely bypass him.

For the upper subordinate ranks (ASI to inspectors) the system is not designed to improve performance. Annual Confidential Reports focuses heavily on personality oriented traits like loyalty (one wonders to whom), patience, zeal, general temperament. Job centred traits are conspicuously absent. Nothing in this ACR could assist in identifying the training or development needs of an employee, clearly indicating that the idea is more to enable the department to take administrative decisions rather than improve his performance. More intriguing is the fact that the form used for all government servants (police or bureaucrats) is used by police departments.

The evaluation system for IPS officers is marginally better. There is a self-assessment section where the officer is to give a brief account of his duties and responsibilities and a work plan for the year that is to be agreed with the reporting officer. This is followed by a section containing remarks of the reporting officer, followed by remarks of the reviewing Authority. In theory the scheme sounds good, but doesn’t work as prescribed. Annual work plans are difficult to draw up especially because transfers are too frequent. Across the force – from ASP to IGP -- the forms used for performance evaluation are the same, making no differentiation for the particularities of the job.

As far as evaluating the performance of the organization, the most commonly used parameter is crime statistics. This has resulted in bringing down crime figures by simply not registering FIRs. Another commonly used parameter is preventive action by the police – which means preventive arrests often resulting in unnecessary arrests. A third measure adopted in some states is encounters – a practice that has encouraged a lot of fake killings. This whole faulty system of monitoring individual and organizational performance has resulted in police adopting questionable methods to record and control crime.

Down the years, various committees and commission - the National Police Commission, Padmanabahaiah Committee, Parliamentary Standing Committee and the Soli Sorabjee Committee have not only criticized this method of performance evaluation but also provided alternatives. Most recently the Prakash Singh judgement in 2006 on police reforms signaled the need to go beyond the present one dimensional quantitative crime based assessments of policing. The judgement required the setting up of state security commissions in every state. In addition to setting the policing policy, this Commission is expected to develop a framework that measures performance through indicators such as public satisfaction, victim satisfaction vis-à-vis police investigation and response, perceptions of increased safety and security, accountability, optimum utilisation of resources and observance of human rights standards.

Though the Commission has been set up in Delhi, it is still to take its role seriously. Set up five years after the Court’s verdict, the Commission is flawed in its composition. It has met a few times but is not entirely clear of its role or mandate. No known policing policy has emerged from its meetings nor any evaluation framework.

Even without the State Security Commission to guide it, the police chief has sufficient power to overhaul and improve his force, make them more responsive and ensure that there is no wrong doing on their part. That is his job. Police behavior in relation to the rape of the 5 year old shows that little, if anything, has been done between the deadly incident in December and April. Despite the outpouring of anger at the derelictions of duty in both the December rape and now the rape of a 5-year-old, the police chief feels he is competent enough to continue in post. His superiors, the Lt Governor and the Home Minister are hedging, calculating the fall out and hoping public anger will fade. In protecting the force and its chief from responsibility, the government is sending a strong signal that the safety and security of ordinary people weighs little against the need for an insecure government to have their man at the top.

Navaz Kotwal is Coordinator, Police Reforms Programme with the Commonwealth Human Rights Initiative in New Delhi.

And a comment :

This article is highly offensive in asking for the head of the Police
chief, as if he will take responsibility and the society will be
cleansed once and for all! Splurging data from everywhere and
presenting dialectical materialism arguments does pave the way for a
better society. It seems that the writer is miffed at the police chief
for some personal grudge.. If responsibility is anything to go by the
Home minister should resign and maybe the Government led by PM should
resign owning moral responsibility for the depravity in society.

It is high time we look within ourselves for such horrific crime in
our society. Delhi is not India, and the countless atrocities against
common citizens and women of our country can't be stopped by
resignation of a mere Police chief of Delhi!

from: Atul
Posted on: May 6, 2013 at 00:56 IST
Such is the state of my beloved country - a top performing, honest duty
serving officer such as Mr. Vinod Rai (CAG) is castigated whereas
incompetent officers such as Delhi Police Commissioner is shielded and
protected. We should send a clear and loud signal in coming election to
our representatives to correct this anomaly.

from: Dev
Posted on: May 5, 2013 at 14:08 IST
Union Home Minister Sushil Kumar Shinde (left) is the superior of Police Commissioner Neeraj Kumar. Shinde should evaluate whether Kumar's performance in that position is ensuring the control of crime in the Capital and based on the assessment decide to either allow Kumar to continue in his position or post him elsewhere. The funnything here is instead of the decision being taken by Shinde, it is decided by Kumar himself to continue as Delhi Police Chief, despite his poor perpormance. A year before Delhi police caned and injured many aged protesters critically while sleeping. Every day one or other murder or rape takes place without any fear and ignoring the maintenance of Law and order situation, the police Focus mainly on VIP securities protecting the politicians. Hence Shinde is looking at the other side whenever media highlights instances of violance, murder, rape, etc,. and due to pressure Kumar found some scapegoats in junior level IPS officers and transferred them.

from: sundaram

[ramana]

Supreme Court confirms what we have been saying all along.

Police still carry brutal colonial mindset:SC

Police still carry brutal colonial mindset: SC



BY DANFES, AGENCY

New Delhi, Venting its anger on police brutalities, the Supreme Court Tuesday said law enforcers in the country still exhibited the culture of the brute force of the era of the British rulers.

"The culture they have been brought up in...they are representative of the British Raj. They don't belong to the nation whose father of nation was Mahatma Gandhi," said the apex court bench of Justice G.S. Singhvi and Justice V. Gopala Gowda.

Police are bound to behave like this because for the British the Indians were chattels, the court said observing that India was the most tolerant country.

Mocking at police behaviour towards common people, the court sarcastically if there could be an "bravery award" for police brutality.

"Should there be a bravery award for the policemen who beat women and children," said the court.

The court said this while indicating that it was inclined to hold an independent inquiry into the brutal beating of the people who had assembled in the hall of Gangtok- based headquarters of Sikkim Karantikari Morcha by police.

"We are convinced that there should be an independent inquiry to fix the responsibility on the party or police. In a civilised society this is unacceptable in any situation," observed Justice Singhvi.

The members of the Sikkim Karantikari Morcha had assembled in the office of the outfit in connection with its inaugural function in February.

As counsel Prashant Bhushan, appearing for the petitioner organisation, told the court that police personnel were asked by an inspector general to cane charge the people who has assembled for the meeting, the court orally observed: "It is the role of the police to beat the people and abuse them in the name of law and order."

Senior counsel A.K. Ganguly sought to present the side of the state government but the court asked him to view the video recording of the police cane charge that Bhushan had presented in the court.

The court took exception to the top police official of Gangtok city for instigating police personnel under his command and using filthy language.

Pointing to police cane charge on lawyers in Karnataka, Tamil Nadu, Andhra Pradesh, Jaipur, Chandigarh and Maharashtra, Justice Singhvi said: "We shudder (at the thought) that one day police may enter the Supreme Court beating lawyers, lady lawyers and why only them, even we the judges."

While adjourning the matter, the court asked Ganguly to tell it why should not it order an independent probe into the Gangtok incident.

The facts are the Indian Police Act of 1861 is based on Royal Irish Constublary and Mughal Zabardasti.

It is the politicians who are to blame for not bringing reforms to make the police a national force.


http://www.caravanmagazine.in/perspecti ... al-justice

...A colonial British Raj had designed the Indian Police Act of 1861 just after the First War of Independence of 1857 to establish authority over subjects rather than to help citizens access justice. In fact, the Act was designed to excuse, cover up and justify police excesses rather than hold the police accountable. Tragically, 65 years after Independence, the Police Acts enacted by various state governments and the rules laid down in state Police Manuals continue to uphold the British Raj model and have little room for police accountablity.

Even today, the government needs to give prior sanction to prosecute any public servant, including police officials, for any act done in the discharge of their official duty as per Section 132 and 197 of the Code of Criminal Procedure. Cronyism, political interest and corruption all contribute to government officers not sanctioning requests for investigation against their own. In 2001, the Prime Minister’s Office (PMO) reprimanded the Delhi Police for giving shoddy treatment to public complaints against police officers referred to it by the PMO, noting that “the field reports prepared at the district level are generally evasive, there is a lack of sensitivity, lapses of police are concealed and emphasis is mainly on statistical disposal.”

What is even more vexing is the fact that only a police department is allowed to conduct an inquiry against a police officer. The investigating officers often suppress incidents of misconduct by individual police officers because the revelation of the facts could damage the image of the organisation. Needless to say, the process of conducting a departmental inquiry is elaborate, cumbersome and time consuming. Even if the charges are proved, the delinquent police officer can, and generally does, go to court against the findings and the punishment imposed. In any case, the maximum numbers of police atrocities are committed in small towns and villages of India, where people are not even aware of these procedures; nor do they have the means to tenaciously fight a case against powerful police officials......

A number of commissions and committees—from the Padmanabhaiah Committee to the Soli Sorabjee Committee—have been set up to reform the colonial Police Act of 1861. The Justice Verma Committee in the aftermath of the Delhi gang rape case has been added to that long list, with a mandate to recommend reforms to the police and judicial system in cases of rape. Hopefully it will not meet the same fate as the others.

Three things that would go a long way in addressing the issue of accountability are: establishing an independent authority composed of civil society members and senior police officials to enquire into complaints against police officials; compulsory training in human rights laws for all police officials to inculcate respect for human rights; and presumption of complicity of the superior officer if disciplinary action is not taken against a subordinate officer for violation of human rights.

[ramana]

Good news. More graduates and techies join Police

Engineers and law graduates join Police forces

Since the age of 12 he has aspired for a career in the civil services. Now, Nishant Gupta, 31, an M.Tech degree holder, has realised his childhood dream after being inducted as an assistant commissioner of police (ACP).

Gupta and 10 other highly qualified people, including a woman, are ready to take up the challenges of a police officer's job after leaving their comfortable and lucrative careers in fields like engineering, law and business management. They are all in the 11th batch of the Delhi Andaman Nicobar Island Police Service (DANIPS).

The others who have chosen a police career have MA, MSc, MBA, LLM and B.Tech degrees.

Despite having a master's degree in biochemical engineering and having worked as a senior analyst in two companies for over four years, Gupta continued to prepare for the civil services and was selected for DANIPS in 2011.

"It was my childhood dream to be selected in the civil services. During 2000-2005, I was busy completing my dual B.Tech and M.Tech degree courses from Delhi's Indian Institute of Technology (IIT). After completing my degrees, I started preparaing for the civil services and was selected in my fourth attempt," Gupta told IANS.

"From 2007 to June 2012, I worked in two different companies as a senior analyst but could not forget my dream," said Gupta, adding that he will now deal with real problems of people under the system of law.

Like Gupta, his 10 other colleagues recently completed their one-year training at Delhi's Jharoda Kalan Police Training College.

All of them will now start their practical training in Delhi's different police stations before their postings are decided.

For 30-year-old Law degree holder Jasbir Singh, it was his career choice because no one from his family has ever been in the civil services.

He experienced the real problems faced by policemen during his one-year training.

Sharing his experiences during the India Gate protest on the Dec 16, 2012, gang-rape, Singh told IANS: "People think that a policeman's job is cushy, but it is not so. They work round the clock. Policemen during the India Gate protest had to take the tough decision of lobbing tear gas shells on the protesters and using batons because a huge number of protesters were trying to enter Rashtrapati Bhawan."

He said to maintain law and order policemen have sometimes to wield the baton. "We do not want to do this ever, but we are trained to tackle unprecedented situations. I know policing is not an easy job. But, it's my choice to serve people by solving their basic problems," said Jasbir Singh.

The only woman DANIPS officer of this batch has another reason to join the civil services.

The holder of an MA degree, Sweta Singh Chauhan's only target was to crack the civil services examination because her father and grandfather also served in the same field.

The smiling face of this Gwalior-based woman easily expressed her satisfaction as she described her one-year training experience.

"The police training, especially physical training, was really very hectic and tough. Our training starts at 5 a.m. and ends at 5 p.m. But it was necessary because policemen have to work round the clock. Even they could not easily get holidays on Holi and Diwali," Chauhan told.

Need to find the right age and positition they lose their idealism and get corrupted.


Is ACP a direct recruitment post for State Police forces?

Is it like Deputy SP for IPS cadre?

[Sachin]

Good news. More graduates and techies join Police

Generally in states where level of education has been high, the educational qualifications of Police men are also increasing. The 100% literate state had graduates as Police Constables right from the mid 1990s. Remember reading about B.Tech folks joining the force as PSIs in early 2000s.

Is ACP a direct recruitment post for State Police forces? Is it like Deputy SP for IPS cadre?

A few states have an option to recruit folks directly as Deputy Superindent of Police. Karnataka Public Service Commission, for example does that. Deputy Superindent (Dy.SP) is generally an officer who was promoted from the rank of a Police Inspector. Additional Superindent of Police (ASP) is generally the entry-level rank for an IPS officer. In cities which have a police commissionarate the Dy.SP/ASP rank is called as "Assistant Commissioner of Police" (ACP).

[symontk]

As far as I know, Kerala Police has three levels of recruitrment

Constable -> Head Constable -> ASI (There is a move to give constables a rank of senior constables if they complete certain years in service, not sure if its implemented or not)
SI -> CI -> DySP -> SP
ASP -> SP -> DIG -> IG -> ADGP -> DGIG

Last one is fully IPS. In the second one, the candidate is converted to IPS for DySP. For a constable the promotion is only 2 times, while a SI candidate will get 3 times and an IPS will get 4 times

If there are more candidates with better qualification joining the forces, then they should be allowed to be given more chances than others. Better to make it like this

Constable -> Head Constable -> ASI -> SI -> CI
ASP -> DySP -> SP -> SSP
AIG -> DIG -> IG -> ADGP -> DGIG

The second one need not have IPS tag. The third one should be Full IPS only

[ramana]

Another vignette on Delhi Police and how they becam Dilli Bullies.

Ashok Kapur in Hindusthan Times a INC paper

Republic of Delhi Police

Historians tell us that the first and, mercifully, the last military coup in India occurred during the Mauryan age. The last Mauryan emperor was assassinated by his army chief in an open court.

Another ‘coup’ occurred in Delhi, although it has been largely unreported. It was carried out by the police in Delhi in 1978 when, overnight, it broke ranks from the supervisory magistracy. It upgraded itself from just a directorate under the home department of the local government into virtual rulers of Delhi.


The force bypassed several supervisory levels and rushed to the then prime minister, who dutifully signed the dotted line. The then PM was an interim entity, without a popular mandate. The timing was perfect. Parliament was in recess. The legislation to overthrow the civil magistracy and erase all civilian control was rushed through the ordinance route.

The legislation that placed Delhi ‘under’ the police force repealed the earlier law on the subject, the Indian Police Act of 1861. It needs to be recalled that the latter Act was just a brief adjunct to the main Act, i.e. the Criminal Procedure Code of 1860.

Historically, the Criminal Code was the first piece of legislation in India that set the country firmly on the road to a modern democracy.

The Police Act of 1861 that was repealed was routinely dubbed ‘colonial’ by some police officers, without ever elaborating what was ‘colonial’ about it.

If this flawed argument were to be accepted, then all three ‘core Acts’ would fall under that category — the Criminal Code, the Penal Code and the Evidence Act. These Acts that have stood the test of time are still in existence, largely unchanged over the last 150 years or so.

The police derive their powers of investigation from the Criminal Code. As the code did not regulate the internal working of the police force, the British enacted a brief adjunct to it in the form of the Indian Police Act one year thereafter, in 1861. The two Acts worked in tandem.

Today, the mainstay of the criminal justice system is the Criminal Code. The police are under civilian control and in civil disputes, the police have no jurisdiction. Preventive powers are with the magistracy and not with the police. Civil licensing powers are vested exclusively in the magistracy.

The Criminal Code authorises the police to investigate all ‘offences’ as defined in the Penal Code. Once investigation is complete, the matter is placed before the court, which examines and weighs the evidence, and issue processes to compel appearance of witnesses and the accused.

The presiding magistrates alone are authorised to issue warrants of arrest if the accused fail to appear. The courts are exclusively authorised to examine witnesses, on oath, if the case requires oral evidence.

However, in 1978, the Indian Police Act was repealed through an ordinance. The successor Delhi Police Act, 1978 is draconian in the extreme, to put it mildly.

Ostensibly, it was meant to update the earlier Act, which only regulated the ‘internal functioning’ of the Delhi Police. Under the cloak of internal regulation, it has, in effect, tampered with the ‘core Acts’.

Thus, the Act of 1978 has created an entirely new class of ‘offences’, undefined either in the Penal Code or the Act — ‘pushing, annoying, shouting’ etc.

This provision, unprecedented in jurisprudence, has sinister implications. An undefined ‘offence’ necessarily implies that the police will determine what is ‘annoyance, etc’.

Besides, there is no categorisation of ‘offences’. Civil lapses, as distinct from civil wrongs, can be treated as criminal offences. In other words, both the Penal Code and the Criminal Code have been turned upside down.

All preventive powers under the Criminal Code have been usurped from the magistracy and appropriated by the police. Similarly, all licensing powers, essentially a civil function, have been grabbed by the police.

As a consequence, the Delhi Police extorts around Rs. 40 crore per month from half a million hawkers in Delhi, as reported by the central vigilance commissioner in 2005. It is anybody’s guess what the figure would be now.

Bacon, the great English law giver, had famously warned: “A bad law is the worst tyranny.” The Delhi Police Act, 1978 is one such prime law.

Ashok Kapur, a former civil servant, is director general, Institute of Directors

The views expressed by the author are personal

Sachin why was the Delhi Police Act, 1978 created? And how is it that DP works for the MHA yet is called the Delhi Police? Does MHA also fund it or its funded by Delhi government?


I understand the need for MHA to have its own Internal Security powers to prevent a hostile takeover etc. But current situation where Delhi has grwon by leaps and beyond and the police is callous and unaccountable in its primary responsibility for law and order is an instability which will have blowback.

[Sachin]

Sachin why was the Delhi Police Act, 1978 created?

No clue at the moment . I was under the impression that the CBI also got its powers from the Delhi Police Act. But looks like CBI gets its powers from the Delhi Special Police Establishment Act, 1946.

Constable -> Head Constable -> ASI (There is a move to give constables a rank of senior constables if they complete certain years in service, not sure if its implemented or not)

In K.P there used to be some PCs who used to wear a two stripe chevron. They were still categorised as PCs, but due to the years in service (and salary incriments) they would have been started getting the pay of a Head Constable (HC). But they cannot be assigned any task which an HC was to do (eg: Station Writer). During the last commie rule, they brought in a new scheme. Now a PC drawing the basic pay of an HC, could start wearing the ranks of a HC (three stripes). In a similar way HCs who have reached the same pay scale of a Asst. Sub Inspector could start wearing the rank insignia of an ASI **. For the state exchequer there were no financial burden, as there is no salary increase per-se. The common folks may also not be really bothered with the ranks etc. How ever ASIs though drawing the pay scale of a Sub Inspector, will NOT become a Sub-Inspector. Promotions to Sub Inspector is through the normal route; i.e based on existing vacancies, as well as seniority of the ASIs.

**: This scheme of promotion introduced an new word in police circles; i.e Kodiyeri HC & Kodiyeri ASI. Kodiyeri Balakrishnan was the Home Minister when this new scheme was launched. Police men use this term to differentiate between an HC/ASI who actually have cleared the mandatory promotion exams etc., and the other personnel who have reached the rank by virtue of their pay scale alone.

In the second one, the candidate is converted to IPS for DySP

In K.P, Dy. SP is a KPS (Kerala Police Service) official. A few of them do get promoted to SPs as well. Generally Dy.SPs who get promoted to SPs will not be given independent charges of policing a District. They would be SPs of other units like CB CID, SB CID, Vigilance etc. A few Dy.SPs pick up their ranks to become SPs and the IPS is also "conferred" on them. Such officers would get posted to the districts as well. So for an SI, I guess the highest point is when he gets an IPS conferred on him and he is appointed as an SP in a Districts L&O Police.

[sum]

Scuba diving to make cops future-ready

Attention! With threat perceptions and demands of future security scenarios not allowing planners and authorities to remain ‘at ease’, 1,731 new recruit constables, beginning next month, will go through a rigorous 44-week training programme involving scuba diving and boxing among other things.

“Every day, terrorists are teaching us a new thing. Training of security personnel, therefore, cannot be archaic. The British-style saluting, march past and drill cannot constitute the training of our personnel anymore,” Bhaskar Rao, IGP (Training) and nodal officer, Karnataka State Industrial Security Force (KSISF), said.

In line with the argument, a 110-page syllabus prepared by a committee headed by the present joint commissioner of crime, Hemanth Nimbalkar, prescribes scuba diving among other adventure sports, boxing among contact sports and other activities.

The syllabus also focuses on specialised training in close-quarter warfare and training modules that concentrate on urban warfare and counter-intelligence operations. He said the training will have one area to focus on each week.

The constables will be part of the ambitious KSISF, to train whom the State police’s internal security division had to prepare a new syllabus to suit the Force’s needs.

A meeting with the various (constable) training institutes in Karnataka was held about three days ago, as they would also require to put in place certain new infrastructure to support the advanced fitness and physical training modules prescribed in the new syllabus.

Special security

In his budget, Chief Minister Siddaramaiah had said that special security would be provided for certain dams and reservoirs, the responsibility of which will rest with the KSISF.

The Force, which got an official approval earlier this year, will also have 139 sub-inspectors who are being trained by the CISF at its National Institute of Security Academy in Hakimpet, Secunderabad.

Part of a nine-month course, the team of officers has already completed three months and will return to take charge in December this year.

[prahaar]

Sachin why was the Delhi Police Act, 1978 created?

No clue at the moment . I was under the impression that the CBI also got its powers from the Delhi Police Act. But looks like CBI gets its powers from the Delhi Special Police Establishment Act, 1946.

Constable -> Head Constable -> ASI (There is a move to give constables a rank of senior constables if they complete certain years in service, not sure if its implemented or not)

In K.P there used to be some PCs who used to wear a two stripe chevron. They were still categorised as PCs, but due to the years in service (and salary incriments) they would have been started getting the pay of a Head Constable (HC). But they cannot be assigned any task which an HC was to do (eg: Station Writer). During the last commie rule, they brought in a new scheme. Now a PC drawing the basic pay of an HC, could start wearing the ranks of a HC (three stripes). In a similar way HCs who have reached the same pay scale of a Asst. Sub Inspector could start wearing the rank insignia of an ASI **. For the state exchequer there were no financial burden, as there is no salary increase per-se. The common folks may also not be really bothered with the ranks etc. How ever ASIs though drawing the pay scale of a Sub Inspector, will NOT become a Sub-Inspector. Promotions to Sub Inspector is through the normal route; i.e based on existing vacancies, as well as seniority of the ASIs.

**: This scheme of promotion introduced an new word in police circles; i.e Kodiyeri HC & Kodiyeri ASI. Kodiyeri Balakrishnan was the Home Minister when this new scheme was launched. Police men use this term to differentiate between an HC/ASI who actually have cleared the mandatory promotion exams etc., and the other personnel who have reached the rank by virtue of their pay scale alone.

In the second one, the candidate is converted to IPS for DySP

In K.P, Dy. SP is a KPS (Kerala Police Service) official. A few of them do get promoted to SPs as well. Generally Dy.SPs who get promoted to SPs will not be given independent charges of policing a District. They would be SPs of other units like CB CID, SB CID, Vigilance etc. A few Dy.SPs pick up their ranks to become SPs and the IPS is also "conferred" on them. Such officers would get posted to the districts as well. So for an SI, I guess the highest point is when he gets an IPS conferred on him and he is appointed as an SP in a Districts L&O Police.

Sachinji, what is the rationale in our police forces to have a completely separate cadre of IPS officers and not have possibility of people going from any level to any other level (provided they have requisite qualifications in the form of education, task exposure, etc?). Is there some ground level experience based logic or is it a continuation of the British era rules?

---------------

Added later: This question become more relevant given the fact that well educated individuals are joining constabulary as well as inspectors.

[Sachin]

Sachinji, what is the rationale in our police forces to have a completely separate cadre of IPS officers and not have possibility of people going from any level to any other level (provided they have requisite qualifications in the form of education, task exposure, etc?). Is there some ground level experience based logic or is it a continuation of the British era rules?

There are ways and means to go up from level to other. My understanding is that for Sub Inspector (General Executive) branch the ratio is 50-50. I mean if there are 100 vacancies for a Sub Inspector post, 50 should be filled from the promotes and remaining would be direct recruits. Same goes for the IPS cadre as well. Every state has a % of IPS cadre postings which should be given to promoted Dy.SPs (and this "conferring" of IPS itself is a big political game).

My understanding is that IPS system essentially followed the system started by the British, and which worked well for them. And educational qualification for direct entry Sub Inspectors also made sense then, because this job required good knowledge of English, and ability to grasp various laws & acts. The constabulary in those days were more of a trained set of able bodied (but ill educated) men who could rough it out with the trouble makers.

One positive aspect of IPS, I see is that region/state level parochialism/bias etc. may be reduced to an extent. IPS being an all-India service would get recruits from all over India. Secondly they are all trained together. So when they get posted to various states, what would happen is that a set of uniformly trained people, who have same communication skills and policing knowledge would be actually running the show. Perhaps this may also lead to an "old boy network" all across India, which some times does help in crime solving. State police on the other hand do not give such exposure to the recruits.

I personally feel that with educational qualifications increasing, more responsibilities should be given to the lower ranks. I mean you do NOT require a Sub-Inspector to prepare a charge sheet for a Traffic offence. A PC/HC (who may have the same educational qualification) should be able to write out a charge sheet, give evidence in court and get the accused sentenced. In the current system a Sub-Inspector is the rank from which the actual police authority starts. The men below him, can only act based on his directions.

[prahaar]

Thanks for the detailed response. So it seems the glass ceiling does have some holes to cross ( for bright/politically-connected officers). I strongly feel that increased education level as well as higher authority to lower levels will bring in more empathy as well as accountability from the last mile of "Sarkar", since for most people in many parts, a constable is the only government.

[Jarita]

Sometimes I wonder if simple changes can bring about a world of a difference. Take for instance the corporate world - the 360 review process and checks and balances often remove a lot of systemic biases without major surgery.
Say if the Indian police was called Indian Protectors and every form had the first section as "Who was protected" and the profile of who was protected, and of course any evaluation incorporated that piece of data.
Small things like this can bring about a change.
Just a thought.

[ramana]

http://www.dailypioneer.com/nation/nia- ... ncies.html

In a bid to help the National Investigation Agency (NIA) overcome its acute manpower shortage — which it has been facing for the past five years since its creation — the Centre has diluted its recruitment norms.

The investigating agency for terror cases will be able to take staff on deputation from other Government departments directly, without going through the Union Public Service Commission, a mandatory part of the recruitment process.

This detour takes up a lot of time, sometimes years and has been a huge obstacle in recruitment, leading to hundreds of vacancies.The Ministry of Personnel notified the UPSC (Exemption from Consultation) Amendment Regulations, 2013, last week in this regard.

However, the relaxation in rule is for a select class of employee — up to the level of Deputy Inspector General (DIG) of Police (non-IPS category). The NIA will have to complete its recruitment procedure, according to the notification, by January 31 next year.

{How is that a dilution? Looks like a DDM report fed by idiots mot likely IPS cadre}

The NIA has a strength of about 600 at present. It will be able to take on deputation about 100 personnel from various departments following relaxation of rules, according to an official.

The agency was formed in late 2008, after the 26/11 Mumbai terror attacks. But it was only recently that it got accommodation for its headquarters in a Government building in the Capital. The NIA has branch offices in Hyderabad, Guwahati, Kochi, Lucknow and Mumbai and is probing at least 71 terror-related cases.

So five years after being formed its spread thin in Delhi and six other metros and is investigating 71 terror cases and thus having manpower shortages and the fellows claim its diluting manpwoer standards!!!
I guess the officials think their main job is cadre preservation and not investigating and closing terrorist crime cases.


[/quote]

[kmkraoind]

TN Assembly adopts Police Reforms Bill

A small, yet significant step towards a right direction.

The Tamil Nadu Assembly on Wednesday adopted the Police Reforms Bill, which was introduced to replace the Ordinance promulgated on September 10 as part of the State government’s compliance with the Supreme Court’s directive on police reforms.

Referring to the apprehensions raised by the members in the State Assembly, Chief Minister J Jayalalithaa gave a point-by-point explanation. She said the Bill was prepared only after serious consultations with legal experts and taking into account the contentions of similar Bills in other States and the verdict of the SC.

The suggestion made by the members to remove Section 3 (3) (e) and to amend Section 4(2)(1) (i) of the legislation, both regarding relieving of the DGP, cannot not be accepted since all reasons for such an action cannot be listed in anticipation.

“This Section has been added in the legislation only as a means to remove the DGP if any administrative or other important reasons arise. There is no chance of misusing this Section since the government should record the reason in writing,” she added.

As regards the members of the State Police Commission to be formed, necessary arrangements have been made in the Bill in accordance with the Sorabjee Committee’s recommendations.

Further, Ministers and other officials cannot interfere in the functioning of the Police Department since the functioning of the department would be subject to the consideration and review of the Police Commission. As such, there would be no need for inserting a new Section for this purpose, she said.

[ramana]

Is the full text of the following available for reading?

...Sorabjee Committee’s recommendations

[Sriman]

Is the full text of the following available for reading?

...Sorabjee Committee’s recommendations

http://www.vifindia.org/document/2006/d ... -committee

[suryag]

Thanks Amma thats a good beginning, no wonder TN police are efficient and most feared

[ramana]

I am still reading the Sorabjee Committee recomendations in its full length.

[Aditya Watts]

Thanks Amma thats a good beginning, no wonder TN police are efficient and most feared

It's really great so see the TN Police doing a good job by constantly developing in the right direction. Time that forces from the rest of the country take this example.

[svenkat]

http://www.thehindu.com/news/national/tamil-nadu/former-cbi-official-says-he-did-not-record-perarivalans-confession-verbatim/article5384370.ece?ref=relatedNews

“It will be miscarriage of justice if extreme penalty is carried out”
A documentary released by the People’s Movement Against Death Penalty (PMADP) here on Saturday claimed that the Central Bureau of Investigation (CBI) had failed to record verbatim the confessional statement of A.G. Perarivalan alias Arivu, the convict facing death penalty in the Rajiv Gandhi assassination case.

The shocking but delayed revelation was based on the interview of a former Superintendent of Police of the CBI who admitted that he failed to record verbatim the confessional statement of Perarivalan.

V. Thiagarajan IPS (retired) who was the then CBI SP of the Kerala Branch said he was assigned the task of recording the statement of accused persons in 1991.

“Arivu told me that he did not know why they asked him to buy that [the battery]. But I did not record that in the confessional statement. Then the investigation was in progress, so that particular statement I did not record. Strictly speaking, law expects you to record a statement verbatim… we don’t do that in practice,” he said.

He said Sivarasan, one of the prime suspects, had sent a message to the Liberation Tigers of Tamil Eelam headquarters that the plot to kill Gandhi was not shared with anybody. “It excludes the prior knowledge of everybody else, except Nalini, that Gandhi was going to be assassinated… this is a very solid, uncontested and unchallengeable evidence.”

There was subsequent internal evidence to clearly say that Arivu had no prior knowledge that Gandhi was going to be killed. “If he did not know that there was going to be a killing, how can you make him party to the killing. It is illogical, it is against the evidence on record. Therefore, you look at it from any angle it will be miscarriage of justice if the extreme penalty is carried out,” he said.

Mr. Thiagarajan went on to explain that though he felt this before, he could not do anything at that stage. With regard to Arivu in particular, he always felt “a little uneasy” that the confessional statement was not appreciated the way it should have been. “Superficially they took it and jumped to the conclusion… they took a strong view that Arivu knew of the killing and he bought the battery. That is not the truth. We cannot speculate, it is very dangerous to speculate.”