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 Post subject: Re: Indian Police Reform
PostPosted: 19 Mar 2010 13:01 
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THE LAND-MARK SUPREME COURT JUDGEMENT ON POLICE REFORMS

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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.


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 Post subject: Re: Indian Police Reform
PostPosted: 19 Mar 2010 17:37 
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Ravi Raj Atrey wrote:
THE LAND-MARK SUPREME COURT JUDGEMENT ON POLICE REFORMS

How many states have implemented the findings of this judgement? Some of them have come up with some sort of quasi-establishments (like Police establishment), but have not implemented the full recommendations. For eg. in Kerala, the home minister said that the govt. should have the right to transfer any officer to any station without fixing a tenure. His reason was that "transfer" was the only threat which made policemen do an honest day's job ;). While even a baby knows that the actual reason is to bully the police officer to tow the politician's line.


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 Post subject: Re: Indian Police Reform
PostPosted: 19 Mar 2010 18:52 
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I thought Baby was the Education Minister ;)


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 Post subject: Re: Indian Police Reform
PostPosted: 21 Mar 2010 07:23 
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http://twitter.com/Vikram_Sood/status/10634103759
Quote:
Did we know that Bihar didnt recruit a single policeman in 14 yrs leading 2 a shortfall of 25000 & it does not have a police trng centre?.
:roll:


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 Post subject: Re: Indian Police Reform
PostPosted: 22 Mar 2010 09:58 
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ASPuar wrote:
I thought Baby was the Education Minister ;)

:lol: Yep "Baby" Boy is indeed the Education Minister of the Socalist Republic. The home minister is another hero Kodiyeri Balakrishnan, who had opined that "if the party (CPI(M)) orders to do so, he would even make crude bombs right in front of the police stations" :).

PS: "Baby" Boy was an M.A right from his birth (his initials are M.A) ;).


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 Post subject: Re: Indian Police Reform
PostPosted: 22 Mar 2010 14:19 
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Sachin wrote:
PS: "Baby" Boy was an M.A right from his birth (his initials are M.A) ;).


:rotfl:

On a more serious note, how do these people get elected? I read somewhere that Keralas HM K. Balakrishnan ordered a bunch of CPM cadres who were accused of politically motivated murder, released from prison!


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 Post subject: Re: Indian Police Reform
PostPosted: 22 Mar 2010 14:48 
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Please join us, we can bring the desired changes togeather, we at Foundation of Restoration of National Values (FRNV) are a group of ethical citizens committed to nation's development including India's leading thinkers and leaders from digfferent ssegments like Swami Bhoomananda Thirtha, Sri Ratan Tata, Justice Venktachellia, Sri N. Vittal, Dr. E. Sreedharan, Sri T.S. Krishnamurthi etc. among the others. Please join us visit the link below and send your details to us in the given format:

http://home.valuefoundation.in/index.ph ... &Itemid=65

Warm regards
Ravi Raj Atrey


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 Post subject: Re: Indian Police Reform
PostPosted: 23 Mar 2010 20:50 
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ASPuar wrote:
On a more serious note, how do these people get elected? I read somewhere that Keralas HM K. Balakrishnan ordered a bunch of CPM cadres who were accused of politically motivated murder, released from prison!

K. Balakrishnan comes from one of the districts in Kerala, which is a strong commie bastion. Infact most of the commie leaders who consider violence as the way of life is from this district - Kannur. Yes, there has been numerous cases in which CPI(M) party workers accused of murdering rivals have been let off. In some cases, the state prosecution (under directions from CPI(M)) just does not put their case forward with all good evidence, and the case gets thrown out. If I am not mistaken CPI(M) also has a fund exclusively to support families of party workers who are now inside the prison.

Not to deviate from the topic of thread in any way.... :)


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 Post subject: Re: Indian Police Reform
PostPosted: 28 Mar 2010 14:07 
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Paging police "gurus" like Sachin saar etc:

Just finished watching "Ab tak Chappan". Truely a superb movie.

Does the film accurately depict the working of the "Special Branch" of most police forces in India ( if not Mumbai police)? Do the guys posted in the CB actually have so many informers all over the place and they actually are given a carte-blanche to do what it takes to clean the scum out?


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 Post subject: Re: Indian Police Reform
PostPosted: 28 Mar 2010 19:59 
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sum wrote:
Does the film accurately depict the working of the "Special Branch" of most police forces in India

If I am not mistaken Mumbai's squad of police men (Late. PI. Salaskar,PI Sachin H Vaze, Pradeep Sharma , PSI Dhobhale, Nayak, Desai et.al) were from the Crime Branch CID. Mumbai Police had a wing which specialised in extortion related crimes, and these folks were part of that team. IIRC their unit was Crime Branch - Criminal Intelligence Unit.

"Ab Tak Chappan" was loosely based on the Mumbai Police way of functioning, and I feel that it was pretty much accurate. CB team also would have lots of informers (who would not squeal over money) and it is based on their inputs that they form up their strategies. In Mumbai since most of the underworld business also got mixed up with money, and also international crime (courtesy Dawood et.al) the actions of the Crime Branch-CIU yeiled results on multiple fronts. Crime Branch was formed to deal with specific crimes because of their complexity cannot be handled by the local police units.

The "Special Branch" or SB CID, is a totally different unit. Generally they do not work in uniforms. They are there to watch the society in general. It is also very rare to find reports that say Special Branch "encountered" some one. All police stations would have a special branch Head Constable, whose role is to get daily reports from the police men (uniformed) doing their beats. They also do their own kind of patrolling. Their reports are collated at the district level and sent up. The SB CID also would have liaison units with IB etc. to share information. Passport Application verification is another task which is regularly done by SB CID men. I dont know if they also do verification for Amateur Radio Operator licenses as well.

Some states like T.N had a special unit 'Q Branch' which was part of SB CID, but they dealt exclusively with terrorism. It was formed when LTTE had a strong presence in TN.

Officially no department/sub-unit gets the 'carte-blanche' to do what ever they want to solve the crime, or the problems :). But reading through the various episodes of history, we can understand that it was given at times. K. Karunakaran gave such a license to Jayaram Padikkal IPS when Kerala was getting beaten by Naxalism, and in Punjab C.M Beant Singh gave a similar license to Rebeiro IPS /KPS Gill IPS when Khalistan insurgency was at its peak.

In the case of movies, take the case of 'Satya'. In that the Mumbai Police Commissioner Amod Shukla is told by the Home Minister - 'please clean up the city' :).


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 Post subject: Re: Indian Police Reform
PostPosted: 30 Mar 2010 16:24 
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Sachin wrote:
In the case of movies, take the case of 'Satya'. In that the Mumbai Police Commissioner Amod Shukla is told by the Home Minister - 'please clean up the city' :).


:rotfl:


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 Post subject: Re: Indian Police Reform
PostPosted: 31 Mar 2010 02:51 
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Sachin,just want to clarify a few things you pointed out:

CID in Maharashtra is not in anyway associated with Crime Branch(Mumbai).The CID is headed by an Addl.CP and based out of Pune.Thy primarily investigate Crime Scene's and Financial crimes and petty cases where local units must call in investigators.Currently in Mumbai the CID only has 3 offices :Fingerprint Bureau,Cyber Cell and 'G' Branch which carries out Passport Verifications and clearance certificates,an ACP is based out of the Crawford Market HQ to look after these wings which are merely administrative duties.

Crime Branch on the other hand is Mumbai specific and investigates and collects intelligence on serious organised crime.Currently 'headless',bcoz Maria has been transferred.Apparently local beat cops do not collect any information whatsoever,it is the Crime Branch which sends out a constable from the zonal office to gather samachar from the panwala.

Coming to Special Branch,2 units which are primarily armed cops meant to protect strategic interests near 'town' side of Mumbai city.These were highly operational during the 26/11 attacks and responded to CST and Trident.Unfortunately for them, there were multiple locations and most of their time was wasted in transporting them from one venue to the other due to lack of 'information' as to where and how many pigs were roaming the city.

ATS chief and Salaskar and Kamte were shot while driving down behind Cama.The 'G' branch office was merely 150 metres away.I must say the state of the offices of the CID is deplorable.I couldn't find a single chair which was not broken to sit on.


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 Post subject: Re: Indian Police Reform
PostPosted: 31 Mar 2010 15:16 
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http://timesofindia.indiatimes.com/City ... 745164.cms

Quote:
Cops selling corpses: Raj orders probe

TNN, Mar 31, 2010, 05.26am IST


JAIPUR: Facing allegations that its police was selling unclaimed bodies, Rajasthan government on Tuesday admitted that 15 such bodies were given to private medical colleges and hospitals without following proper legal procedure in Sriganganagar.

It, however, maintained that there was no evidence of selling of these bodies. Seven police personnel, including four inspectors, have been charge sheeted departmentally in this connection. Three inspectors have also been charge sheeted.

Six others, including five assistant sub-inspectors and one head constable, have been removed from active duty and sent to police lines. They have also been served a show-cause notice. Home minister Shanti Dhariwal's admission came in the Assembly in the wake of a BJP member Om Birla raising the issue following allegations by a Sriganganagar-based jeweller Rajkumar Soni that the body of his 19-year-old son Rahul, was sold to a medical college by police.

He claimed that a Right to Information query had brought out the irregularities in disposal of unclaimed bodies by the police.


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 Post subject: Re: Indian Police Reform
PostPosted: 20 Apr 2010 22:51 
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http://timesofindia.indiatimes.com/city ... 835346.cms

Quote:
Bihar cops beat NRI, dad for overtaking IPS officer's car

IANS, Apr 20, 2010, 01.26pm IST

PATNA: An NRI businessman from Russia and his elderly father were allegedly beaten by policemen in Bihar's Patna district for overtaking the vehicle of a probationer Indian Police Service (IPS) officer. A probe has been ordered, authorities said Tuesday.

Shajendra Bihari Singh, in his early 40s, was beaten Sunday after he overtook the car of IPS officer Vivek Kumar when he was on his way from Jehanabad to native Dharhara village in Punpun near Patna.

In the event that the complainant was driving rashly, a challan could have been issued, and he could have been fined. Nowhere in the IPC or Motor Vehicles Act is the penalty for rash driving specified to be a 'thrashing'.

A democracy is not an appropriate place for such power drunk behaviour.
"I was beaten like a criminal by policemen. I was innocent and I did not violate law of the land, but police treated me like a criminal and beat me with bamboo sticks and hands," Shajendra Singh, who owns a restaurant business in Russia, told IANS.

"My only crime was that I overtook the vehicle of a police officer of Jehanabad. He was angered and stopped my vehicle few minutes later. He started abusing and beating me."

He said the policemen thrashed his father Brijbihari Singh, who was with him. "Also, we were taken to Parsa Bazar police station and beaten again there," he added.

The NRI, who displayed marks of injuries on his body, lodged a complaint but police refused to register a case.

"Local police officers and Bihar's top police officers whom I contacted for justice downplayed the incident. They discouraged me to raise voice against the injustice," he said.

The Russia-based restaurateur then lodged a complaint at the chief judicial magistrate in Patna civil court Monday and petitioned the State Human Rights Commission for justice.

Additional Director General (police headquarters) P.K. Thakur said: "A probe has been ordered into the case. We have asked the DIG (deputy inspector general) to investigate into the case and submit a report within a week."


Rule 11(3) of the IPS Probation Rules allow for the dismissal of a probationer for misconduct. Perhaps government, in its wisdom, should make use of this rule, to teach the fraternity of Police officers, that they are public servants, and not public masters.


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 Post subject: Re: Indian Police Reform
PostPosted: 21 Apr 2010 18:28 
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http://news.rediff.com/report/2010/apr/ ... an-nsg.htm

What was the need for this comment and comparison? It may even be correct in practice (we don't know) but given the lengths the desi media goes just to get ratings, this will get blown out of proportion to kingdom come...

The real questions that need to be asked are the ones no one asks the police:

  • What are the detection rates for serious crimes?
  • More importantly, out of those detected, what proportion result in a conviction?
  • What steps have been taken to increase intelligence, given that the ATS types who had huge numbers of informers are no longer there, and they took their network / khabris with them?
  • What is the plan to improve on situational awareness of a developing situation a.k.a better co-ordination in the control room?
  • For a truly big event, how do the police co-ordinate with fire/ambulance?


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 Post subject: Re: Indian Police Reform
PostPosted: 21 Apr 2010 20:49 
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Tanaji wrote:
What was the need for this comment and comparison? It may even be correct in practice (we don't know) but given the lengths the desi media goes just to get ratings, this will get blown out of proportion to kingdom come...

Amen to that. Shivanandan is a tough and smart cop (when he was Jt.Commissioner in Mu.Po, he went heavily against the gangsters). But this kind of "I am better than some one else" kind of remarks is going to touch many raw nerves some where. There was no need for such a remark, which any way is very tough to ascertain on the ground. The media these days have a good library, and god forbid some thing bad happens again the same media would crucify Shivanandan and his team using this very statement of his :(.


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 Post subject: Re: Indian Police Reform
PostPosted: 22 Apr 2010 14:35 
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Wasnt he the chap who had a blog? I think hes a pretty good Police Comm. Its regrettable that hes made this remark, but you know, sometimes people get carried.


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 Post subject: Re: Indian Police Reform
PostPosted: 24 Apr 2010 21:54 
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Not directly related to Indian police but could any guru kindly point out the basic structure of British and American police forces( like in India IPS will get SP and above ranks whereas constables and SI are direct recruits trough other exams etc)? Any good links explaining the same also would be helpful.


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 09:23 
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sum wrote:
Not directly related to Indian police but could any guru kindly point out the basic structure of British and American police forces( like in India IPS will get SP and above ranks whereas constables and SI are direct recruits trough other exams etc)? Any good links explaining the same also would be helpful.


Law Enforcement: UK
The above is a Wikipedia link, which most probably you would have already seen. Just completed reading the biography of Leonard "Nipper" Read the Det. Superindent (eq. to Dy.SP in India) who had led the operation to trap the Kray Twins who were kind of an "underworld dons" in London (during late 60s). From reading the book, what I could make out was that in UK all of the members join as constables and then pick up the ranks (PC, P.Sgt, Insp (eq. SI), Ch.Insp (eq. CI), Supdt. (eq. Dy.SP), Ch.Supdt (eq. SP) and then the Chief Constable/Commander ranks). "Nipper" Read had started off his career as a PC, and then finally made it to the Asst. Chief Constable rank. This is quite different from the system in India, where people join the forces at multiple level in the hierarchy.

The policing system in US seems to be much more complicated, with lots of police agencies thrown in. Every town/city can have its own police force/fire dept. if the town/city can generate the revenue to run the show. The county would also have a similar setup, and so does the state. The State Police would mainly have the training academies, and forensic labs etc. One funny thing which I noticed about policing in US, is the recruiting process and how easily the members can shift jobs. Other than major police forces very few of the depts have the policy of recruiting and training. In many cases people get trained in an academy, check vacancies and apply for jobs in various police departments. And then they can very well quit that police force and take up a job in some other department. This is very different from the system in India where when a man joins the police force it pretty becomes his Mai Baap for the rest of his life. Regarding policing in US, most of my queries were answered by visiting the forums @ http://www.officer.com


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 09:31 
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Quote:
The above is a Wikipedia link, which most probably you would have already seen. Just completed reading the biography of Leonard "Nipper" Read the Det. Superindent (eq. to Dy.SP in India) who had led the operation to trap the Kray Twins who were kind of an "underworld dons" in London (during late 60s). From reading the book, what I could make out was that in UK all of the members join as constables and then pick up the ranks (PC, P.Sgt, Insp (eq. SI), Ch.Insp (eq. CI), Supdt. (eq. Dy.SP), Ch.Supdt (eq. SP) and then the Chief Constable/Commander ranks). "Nipper" Read had started off his career as a PC, and then finally made it to the Asst. Chief Constable rank. This is quite different from the system in India, where people join the forces at multiple level in the hierarchy.

Thanks( again), Sachin-ji.

So, the Brits do not have a IPS type system where 22-23 year olds directly supersede the veterans? This would mean the IPS was a colonial special to ensure Brits directly were above the local natives( however young and inexperienced they were) and we are still blindly aping it?


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 11:53 
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sum wrote:
So, the Brits do not have a IPS type system where 22-23 year olds directly supersede the veterans?

Nope. IPS was the new avatar of the "Imperial Police" (IP) which during the days of the Raj, had all the senior level police officers (earlier it was staffed entirely by British, but later by Anglo-Indians and Indians as well). From Read's book, what I could make out was that in Britain there was a series of exams and courses which serving police men had to take in order to reach the higher ranks. So if a person does not qualify, he would join as a PC and may retire as a Sergeant as well :).

Quote:
This would mean the IPS was a colonial special to ensure Brits directly were above the local natives( however young and inexperienced they were) and we are still blindly aping it?

Yes. And this is not unique to the policing system only. These existed in the "revenue" system also. The district collector would be from the ICS, but under him there would be the retinue of Tehsildars, village men etc. who were the natives.

One thing in IPS is that the "Probationaries" are given short trainings at the level of PC,HC and SI as well. This is for them to understand the roles and responsibilities at each level. And only after the probation does the IPS officer join the district as the ASP. Sub-Inspectors etc. were from the native population, but would be better educated (and so could read and understand the laws, frame charge sheets etc.). In the olden days the people below this rank would have the bare minimum education, and only employed for the "grunt work". This led to a situation that every single decision/order has to pass through the rank of Sub-Inspector, with the people below him being in the capacity to blindly take orders.

A quick glimpse of how the police functioned during the Raj. From the history of Kerala Police...
Police report on Coffee theft during Transit - Gudallur to Kozhikode - Part 1
Police report on Coffee theft during Transit - Gudallur to Kozhikode - Part 2

Note the short but valid observations made by the superior officer in the letter ;).


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 12:01 
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In fact, even inthe armed services, a young twenty something person can get in as an officer or a jawan. Isn't it similar?


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 13:16 
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tsriram wrote:
In fact, even inthe armed services, a young twenty something person can get in as an officer or a jawan. Isn't it similar?

Yup...another colonial hangover at work?


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 14:50 
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tsriram wrote:
In fact, even inthe armed services, a young twenty something person can get in as an officer or a jawan. Isn't it similar?

Hmm.. Interesting observation :). The Indian Army's system also closely follows the British system (of the Raj). In England it seems in the past the officers came up from a different class of society (read elite class) than the regular soldiers. And that started the very clear cut distinction of Officers v/s "Other Ranks". In British Indian Army one more "class" was added i.e that of the Viceroy's Commissioned Officers (VCOs) who were considered as a new "class" (not equal with the British officer gentry, but who commanded/accorded more respect and prestige than the regular Johny Sepoy).

Compared to this the system followed in US is totally different, if I am not mistaken. Also US has a more "NCO centric" Armed Forces rather than being "Officer centric".

In the case of the Police what is interesting is that in UK every one joins at the lowest level in the hierarchy and are given oppurtunities to rise upto the top. Where as in Indian police forces the career growth is pretty much stagnated. A PC who puts in 30 years of service, can retire as a Sub-Inspector at the maximum. This is irrespective of the PC's academic qualifications, aptitudes etc. A Sub-Inspector after around 18 years of service becomes an Supdt. of Police (if he does not get a "conferred" IPS by then , he would not be given the independent charge of a Police district).

In US an officer/PC who issues a traffic citation to the road user, jolly well writes up the charge sheet, appears in the court and if required give evidence (if the accused decides to fight it out). Where as in India, a traffic police constable does have no such powers. He can note down the number of the vehicle, put it up to the Sub-Inspector. It is upto the SI to write up a charge sheet and sent it to the court. And if the case is contested the SI has to appear in court and fight it out. And this is when in many cases the PC and the SI have pretty much the same educational qualifications (and understand the written laws). The end result is a fully trained police official with basically no police powers, and another over burdended official who need to meddle with too many things.


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 15:03 
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Thanks again, Sachin-saar.

One more pooch onlee:
Did the ( unimplemented) Prakash Singh police reforms report try to take care of few of these colonial stuff ( or was it more concerned with operational and not structural matters)?


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 Post subject: Re: Indian Police Reform
PostPosted: 03 May 2010 19:57 
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sum wrote:
Did the ( unimplemented) Prakash Singh police reforms report try to take care of few of these colonial stuff

To be honest, I have no clue on this report :(. Do you have a link to the same, then I can see what are its recommendations. I can then check if I have noticed of any such recommendations being implemented.


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 Post subject: Re: Indian Police Reform
PostPosted: 04 May 2010 01:09 
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Police bureaucracy is extremely big, if the police wants to catch a criminal across state borders, there has to be a joint team of local police and the other state police that needs to be created, so quite often a lot of cases are just left meaning ordinary people cant get justice. Criminals just run across the state and can just usually keep running exploiting this gap.

Only if you have a lot of power can you get cases investigated across state borders. Lots of paper work to be filled, so when joint teams of police forces work on an arrest in another state, remember that it takes a lot of planning and paperwork to arrest a suspect.

Pity on ordinary people and the police officers that have to go through the bureaucracy.

---------------
Suprised at the transparency of Police forces in South India. There are regular public meetings where aam aadmi are called into review and monitor policing in cities with Police Commissioner. But the aam aadmi are usuallly local business elite.


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 Post subject: Re: Indian Police Reform
PostPosted: 04 May 2010 09:30 
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shyamd wrote:
Criminals just run across the state and can just usually keep running exploiting this gap.

A kind of full-fledged joint teams on a permenant basis is not required. In many cases ad-hoc teams are formed. It all depends upon the tenacity of the police force in the place where the crime was committed. But what happens is that there are lots of "turf wars" amongst the state police forces. So if one police force knows that the man they want is hiding in another place, they would go their in-cognito, spring an ambush on him, put him inside a vehicle and bring him back. But often this would lead to bad incidents when the local people do not know what is happening. It happened with the Andhra Pradesh Police who decided to whisk away a Naxal leader from Kochi. Local people thought it was a kidnapping attempt and chased the vehicle. AP Police rushed into the nearest police station and identified themselves. Kerala Police decides to have an early morning raid on the house of a person who habitually bought stolen goods. This was in Bangalore, and the man's wife started screaming. Neighbours thought that it was a dacoity attempt and attacked the K.P men.

On a positive side I have also seen good cooperation amongst the police forces as well. There was a dacoity attempt in Thiruvananthapuram. K.P checked up the modus operandi and T.N Police who had a similar case under investigation also helped them out. Both of them knew that they were after the same gang of criminals. And with the help of Maharashtra Police they nabbed the criminals who were a tribal gang operating out of some desolate place in M.H.

Quote:
But the aam aadmi are usuallly local business elite.

Cant help it :). Police generally announces these meetings well in advance and any body can attend it. Politicians generally make a point to visit, and so do business people. It is an oppurtunity for them to "know" the senior officers. The common people have no inclination to go any where near a police station. Of course, they all would sit in their own living rooms and give lectures on how the police should operate :lol:.

But yes, in South I have noticed very many innovative scheme introduced by the police. In the socialist republic they are also reviving the old "beat system". A police constable and a WPC would be given an area, where they go and meet every house hold and have a chat with them. Both parties share their contact details and the house hold can also share their apprehensions if any. A WPC was purposefully added so that even women folk would not have any hesitation to talk about their problems. In many cases these beat constables have taken this to their hearts and have done more than what is required from them. Pooling in money for destitutes who are ill, settling minor family disputes etc (the police need not bother about all this).

The "Pareto principle" still exists and all these good things generally gets forgotten because some rogue cop some where "takes the law into their own hands" and the entire force lands up with egg on their face.


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 Post subject: Re: Indian Police Reform
PostPosted: 04 May 2010 10:53 
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All armies have an "officer-NCO-jawan" structure. The British army, the US army, the German army, the Chinese army, the erstwhile Soviet army. ALL armies.

Because armies operate in a strict heirarchical structure.

However, the British were VERY careful, when the police structure was being developed, to ENSURE, that there was no "Officer" class in their police structure. EVERYONE joins as a constable, and there is no lateral entry of any sort.

Having lived in both the US, and the UK, I have seen that this system is followed in both places.

In the US, all policemen join as basic recruits at a police academy. Once they finish, they are appointed as "Sworn peace officers" (though the designation varies, eg patrolman, officer, constable, etc, they are all sworn police officers). From this point, they can work their way up to police chief.

India is still following a colonial system of policing, which is wrong, because we are a democracy, and such structures were formed for the suppression of native populace, and are still doing so.

To Sachins point about mobility between forces in the US, this exists in the UK as well. One can join as a constable with London Met police, but apply to be hired by a different police authority if one wants, with benefits protected.


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 Post subject: Re: Indian Police Reform
PostPosted: 04 May 2010 19:00 
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Sachin, Very interesting thoughts. Thanks. Working on something at the moment and have seen how they operate up close. It can take up to 2 weeks to make a joint team and make the arrest(hopefully in BLR). Sometimes you may have intel that they are in x location, even a week is too long.

What about terror cases, are there exceptions where joint investigations can be speeded up? We have seen cases where different state police units turn up at airports to arrest suspects. Gujarat OCTOPUS turns up at Hyderabad to arrest a terror suspect recently.


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 Post subject: Re: Indian Police Reform
PostPosted: 04 May 2010 19:04 
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^^ Even the recent Hindoo extremist arrests in MP were done unilaterally by Raj police without informing MP police.

The local police station SHO was informed of the presence of Raj police in their state and their purpose of being there just as the suspects were being picked up!!!


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 Post subject: Re: Indian Police Reform
PostPosted: 05 May 2010 09:15 
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Webmaster BR

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shyamd wrote:
What about terror cases, are there exceptions where joint investigations can be speeded up?

No clue on that. I guess NIA was specifically set up with this purpose in mind. NIA can smoothly handle terrorism cases which pans across states. Also NIA would have police officers from various state police forces on deputation which makes liaison with respective state forces also simpler.

sum wrote:
The local police station SHO was informed of the presence of Raj police in their state and their purpose of being there just as the suspects were being picked up!!!

This is because of the "turf war" issues. The local police may have got informed because the out side state police may have felt that they may land up in trouble. The out side state police invariably has a feeling that if the the local police is informed they would leak the information, or try to take credit of the entire job ;).


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 Post subject: Re: Indian Police Reform
PostPosted: 06 May 2010 10:47 
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Use of narco analysis, brain-mapping unconstitutional: Court
News report from the Hindu. A verdict which would have a sizeable effect on police investigations all across the country.


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 Post subject: Re: Indian Police Reform
PostPosted: 02 Jun 2010 21:59 
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India has massive police shortage

http://www.google.com/hostednews/afp/ar ... DPLyjR6wdw

"The total number of sanctioned posts in all ranks is about 2.1 million and of these about 335,000 posts are vacant," said the minister, who is under pressure to deploy the armed forces to battle the Maoists.

Chidambaram launched a coordinated offensive against the Maoists in November last year, involving more than 60,000 paramilitary and state police. The operation has produced few tangible results and Maoist attacks have stepped up.


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 Post subject: Re: Indian Police Reform
PostPosted: 03 Jun 2010 17:39 
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http://news.rediff.com/slide-show/2010/ ... radise.htm

Pune is becoming a crime hot bed. Not trying to make this a crime blotter but, its the same story as always:
Quote:
According to a response to an RTI query, there is one policeman for every 700 citizens. For a city with a population of over 55 lakh, there are just over 8,300 police personnel. Incidentally, the strength has risen only marginally since 2000 when the force had about 6,400 members.


Quote:
Even as the cops would like to take refuge behind official figures and point to a downward trend since 2006 -- there were 62 rape cases registered in 2006, 50 in 2007, 55 in 2008 and 53 in 2009 -- Moghe knows the truth lies beyond the statistics.

She draws one's attention to a Pune police circular that prevented people from registering FIRs in local chowkies. This rendered the local chowky almost useless because you had to go to a police station to lodge a complaint.


Quite strange when the general trend is to make the police more acceptable and the choky, the focal point.

Quote:
She says, "Many studies show that very often the police try and dissuade the complainant. In the Hinjewadi case, when it was reported that the victim had returned home, the constable enquired if it was at all necessary to file a FIR since the young woman had now been found!"


:-? :x that woman had been raped!


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 Post subject: Re: Indian Police Reform
PostPosted: 24 Jul 2010 19:40 
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In the "socialist republic" another controversial order has come in. The High Court has ruled against the K.P practise of police officers checking motor vehicles and for a violation issuing a "summons/notice" on the spot. The Hon. HC feels that Sub-Inspectors are punching above their weights and taking up a job reserved for a magsitrate court. A Sub-Inspector (who did this) was asked to personally appear and explain why he did it. He stated that it was based on a 1972 Kerala Govt. Order. The petty case charged by him was thrown out.

The current practise is that when a petty case (less than INR 1000 fine) is charged, the accused is given a "notice" asking him to appear at the jurisdictional magistrate court. The notice (along with details of the offence) would be given by a police sub-inspector. This was conveinient for all parties concerned.
1. Less paper work for the magistrate's court
2. The accused knows the offences, and the date to appear at the court
3. He can pay up the fine by Money Order, using an advocate or come prepared to fight it out in the court.

If the rules get changed based on the Hon.HC ruling, then
1. Every single petty case charged by the jurisdictional police stations would land up at the magistrate's court. The magistrate have to check the basics of the case, and ask a notice to be issued.
2. The notice lands up back at the PS, and policemen would have to be detailed to serve the notice. This would be fun, as if the case is charged at say Kalamassery (near Kochi) PS, and the accused stay at Kasaragod, the notice have to get served at Kasaragod. Cops would have a fun time organising the logistics.
3. If the accused do not get the notice on time, and fail to appear arrest warrants gets issued. It would be fun for the accused, when he notices a police party at his home to arrest him for a petty case :). The gossip-crazy Mallus would also land up in large numbers with their mobile phone to record the arrest and taking-away of an individual from the locality.


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 Post subject: Re: Indian Police Reform
PostPosted: 05 Aug 2010 09:45 
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One initiative from the Kerala Govt. and the Kerala Police.
Student Police Cadet (SPC) scheme
This is a scheme in which school students help the police in law enforcement. The cadets are given minimum law enforcement powers especially during functions like Youth Festivals when a large number of students have to be guided/controlled. The idea is to have a cadet scheme which works on NCC-like discipline and NSS-like volunteering attitude. The cadets also attend mandatory training sessions, parades and camps.

The local police authorities are to help the police cadets and every school would also have a teacher nominated for this scheme. The camps for long duration would be held in Armed Reserve Camps or at the Police Academy.

Over all I felt that this is a good scheme to have. NCC had its own merits, but being staffed by the Army the focus was always Army-centric. NCC in many cases could not even be of assistance to the state police for stuff like election duties. Student Police Cadet scheme would encourage students to know more about the state police, a group of people whom they would intereact more on a daily basis than soldiers.


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 Post subject: Re: Indian Police Reform
PostPosted: 05 Aug 2010 11:07 
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Delhi Police uses Facebook to track lawless drivers
http://economictimes.indiatimes.com/inf ... 248752.cms


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 Post subject: Re: Indian Police Reform
PostPosted: 16 Aug 2010 12:45 
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sinha wrote:
what happened to CCTNS - apart from marketing blah blah seems to be hearing nothing much. SRoy - any updates? has the work on new system started or still doing rounds of procurement.

what is the first round of money being used for? Is it left to states to decide?

http://ncrb.nic.in/one.jpg


Some updates on CCTNS...apparently some funds are available. As people maybe aware bulk of the money is to be utilized by state polices.

No concrete work definition by state police forces. They simply don't have experts in these area.

Most polices are simply not able to define requirements. Take for example C4i types systems...they are dependent on vendors for consultation. This has lead to manipulations....our top 5 desi IT are big time in this. Whether they have implemented a C4i or not doesn't matter.

Pacqui tactics in full display. Soap and oil folks will grease up a state police brass. The state police in question will not release a full C4i scale RFP. Instead they procure systems under 50/60 lakh value (doesn't require a RFP to be floated) in piecemeal basis...GIS...AVLS...DIAL 100...CCTV and so on. Soap and oil folks pick these up or pass them on to their partners. The game goes on.

Live example...we bid for the first ever C4i systems. Went in for the PoC. Came on top with all use cases. Competitors involved 3 of the usual top 5 suspects + 1 PSU.

Except us all of them had to rope in some furrin firm to meet requirements. We passed the PoC in one go and given a thumbs up the NTRO guys evaluating the demo.

One among the top 5 suspect has been declared L1 (despite the fact they could barely demonstrate 20 of the 35 use cases).

Our HQ decided to pull out in sheer disgust and has decided not to challenge.

We last hear that the C4i system in case is not likely to meet all requirements as the "chosen" vendor has expressed "technical constraints" to meet them.

>>

I feel sorry for the cops getting blown left, right and centre by reds and greens, but I've stopped feeling any sympathy for them.


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 Post subject: Re: Indian Police Reform
PostPosted: 16 Aug 2010 13:01 
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Sroy - I am konphoozed - wasnt the center/NCRB supposed to define the requirements for all-in-one base minimum app which will get rolled out to all the states. How come states are involved?

I can see from CCTNS progress tracker here - http://ncrb.nic.in/CCTNSProgress_Tracker_060810.pdf - that but for 4 states no one has even asked for greens so far (is that what u r hinting at)?

on the rest - what were you expecting anyway? The particular case study on NTRO - it is quite well known - wonder how come press never came to know of it.

I wonder whether these chaps talking to BeeBee actually have any technical knowhow to figure out what is acceptable and what is not.


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