Indian Police Reform

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joshvajohn
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Re: Indian Police Reform

Postby joshvajohn » 09 Jan 2010 21:09

A sub-inspector of Police, a decorated personnel who was once part of the STF that killed notorious forest brigand Veerappan, was hacked to death during daytime in Tirunelveli district, even as a convoy of ministers was only a few hundred metres away. Police later claimed that it was a case of mistaken identity, though the intended target, too, was an official.

When R Vetrivel, 44, the Sub-Inspector of Alwarkurichi police station, was returning to the station from taluk office on Thursday, a group of men attacked him with country bombs and hacked him with sickles and other sharp weapons. Police officers claimed that the gang members mistook Vetrivel for another person because he was wearing a helmet.

Right then, a convoy carrying state ministers M R K Panneerselvam and T P M Moideen Khan arrived at the spot en route to Kadayanellur where an inspection was scheduled. Seeing the convoy, the assailants ran away. The police personnel who were with the convoy chased the gang and fired at them, though they made their way after hurling bombs at the police party.
A doctor who was part of the ministers’ inspection team immediately attended to Vetrivel before taking him to a nearby government hospital to give first aid. He was then taken to the Tirunelveli Medical College Hospital where he was declared dead on arrival.

According to officials, it was a case of mistaken identity. “According to preliminary investigation, the gang was hired by a person to kill an SI for deserting his sister,” said DIG, Tirunelveli range, P Kannappan.

http://www.indianexpress.com/news/Polic ... adu/565284

http://www.merinews.com/article/policem ... 3670.shtml

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Re: Indian Police Reform

Postby Surya » 09 Jan 2010 21:39

Thanks josh

I hope that video is rammed down the throat of everyperson

If that does not tear your heart nothing will

and we live such useless lives - here I was planning to enjoy my effing playoffs.

:(

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Re: Indian Police Reform

Postby SwamyG » 09 Jan 2010 21:47

Very sad. Hope such incidents motivate us to improve the system.

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Re: Indian Police Reform

Postby Rahul M » 09 Jan 2010 23:21

oh god ! :cry: what was the effing photographer doing ? didn't he have a heart ?

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Re: Indian Police Reform

Postby Surya » 09 Jan 2010 23:27

I seriously suggest to BRites to not indulge in any frivolous posting for a while

would be super power, MRCA, mighty economy are all effing piece of crap.

We are not able to stop a valiant, brave policeman from being hacked to death in broad daylight.

worse the high and mighty of our land are shown inept at worse - heartless possibly

Rahul

for once since there were enough people who could have helped I would not blame the cameraman. Else it would have been just words and one could not feel the pain.
It has to pain us just like the pictures of dead soldiers on the street of Jaffna shocked us. Pain us enough to do something about it. People who are only interested in their next new model mobile phone need to see what value life has. Lets hope something good happens

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Re: Indian Police Reform

Postby Raja Bose » 10 Jan 2010 01:20

NSFW and NOT FOR THE WEAK HEARTED
http://www.youtube.com/watch?v=k4x5NPbC_hM&NR=1

But if you care, if you have a heart watch this again and again and again and again till you become so disgusted that you want to puke. They hacked off his right leg completely and he bled to death on that road while people looked on - nobody even thought of applying a tourniquet to the severed limb. I wonder what do the defenders of Indicness have to say about this? Where is our so-called "moral culture" of 3000 years here? We and our nation are a nation of hijras (eunuchs).

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Re: Indian Police Reform

Postby khan » 10 Jan 2010 01:41

Raja Bose wrote:NSFW and NOT FOR THE WEAK HEARTED
http://www.youtube.com/watch?v=k4x5NPbC_hM&NR=1

But if you care, if you have a heart watch this again and again and again and again till you become so disgusted that you want to puke. They hacked off his right leg completely and he bled to death on that road while people looked on - nobody even thought of applying a tourniquet to the severed limb. I wonder what do the defenders of Indicness have to say about this? Where is our so-called "moral culture" of 3000 years here? We and our nation are a nation of hijras (eunuchs).

Agreed, they should be prosecuted.


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Re: Indian Police Reform

Postby gogna » 10 Jan 2010 20:26

So sad to see those picture's, inida shining indeed

We have a very popular say in punjab "mera bharat mahan 100 m se 99 behiman"

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Re: Indian Police Reform

Postby SaiK » 10 Jan 2010 20:33

It is not just civic sense, but humanity itself. The culture is changing because of people fear that they are handled like criminals by police.

The minister club must lose power.. police should be treated like humans. We need change the laws after video technology as come in for proofs.

Sorry... it is a sad state of affairs.

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Re: Indian Police Reform

Postby joshvajohn » 10 Jan 2010 23:17

Comments: Air ambulances can land without helipads in the case of emergencies. They need to see the following links as the ambulances land even in the fields and risk areas. THey cannot land eveywhere but can manage rough places too as one may see the following clips.

http://www.youtube.com/watch?v=5euxll0p4sY

http://www.youtube.com/watch?v=4tFnkUoC ... re=related
http://www.metacafe.com/watch/2159381/l ... elicopter/

http://www.youtube.com/watch?v=uvIv_BnZ4e8

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Re: Indian Police Reform

Postby joshvajohn » 11 Jan 2010 00:05

Murder because of mistaken identity
http://www.youtube.com/watch?v=rqPQVqEJhIo&NR=1

Response from TN government on the death of police -
http://www.youtube.com/watch?v=FwvCube7 ... r_embedded

in Tamil commetary
http://www.dinamalar.com/video_Inner.asp?news_id=725


Sack ‘spectator ministers’, says Jaya

http://www.expressbuzz.com/edition/stor ... Y|6QYp3kQ=

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Re: Indian Police Reform

Postby pgbhat » 11 Jan 2010 03:54

Facing crunch, Delhi Police seeks more IPS officers
Senior IPS officers working on deputation with central security agencies like Intelligence Bureau and Central Bureau of Investigation are also likely to be called back if the proposal gets the nod from the Ministry, they said.

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Re: Indian Police Reform

Postby sinha » 11 Jan 2010 09:38

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

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Re: Indian Police Reform

Postby Sachin » 11 Jan 2010 21:16

Surya wrote:We are not able to stop a valiant, brave policeman from being hacked to death in broad daylight.

Sad :(. Tamil Nadu hits another low mark. What is the general feeling amongst the Tamil Nadu Police? Hope they go with a vengeance against the perpetrators. BTW, when it comes to saving life out in the open (be it a murder attempt, or motor accident) the attitude shown by Indians (including me) have always been pathetic. There is always a fear of police harassment. In Kerala, now police encourages volunteers to rescue motor accident victims, and the promise is that they are not harassed later. In this case, did the videographer take images of the murderers as well?

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Re: Indian Police Reform

Postby hnair » 12 Jan 2010 01:12

Sachin, was trying to get something done on those lines in our neighbourhood. Currently there is a pilot scheme being implemented with civilian volunteers.

Along with CPR training, I had suggested basic surgical suturing and portable cardiac defibrillators as two vital things that can help lessen some of the civilian deaths. sutures for edge weapon wounds could help staunch some of the flow. Nowadays the defibrillators are pretty portable and come under Rs 1 lac. A neighborhood just needs one, but can save lots of lives if police can co ordinate this with volunteers.

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Re: Indian Police Reform

Postby SaiK » 12 Jan 2010 06:14

may be the saddist videographer was part of the hacker group.. did all this on purpose!?

Sounds like desi cops must carry police pistols like 14 round glock 23, in addition to an advanced composite baton cum taser that has a li ion battery torch, with a must have push button to signal for backup /SOS button, perhaps with a GPS unit in it for tracking.

Yes They Can!! yes we can provide money .. govt must change.. and democracy must be policy (not babu) driven.

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Re: Indian Police Reform

Postby pradeepe » 12 Jan 2010 12:56

Raja Bose wrote:NSFW and NOT FOR THE WEAK HEARTED
http://www.youtube.com/watch?v=k4x5NPbC_hM&NR=1

But if you care, if you have a heart watch this again and again and again and again till you become so disgusted that you want to puke. They hacked off his right leg completely and he bled to death on that road while people looked on - nobody even thought of applying a tourniquet to the severed limb. I wonder what do the defenders of Indicness have to say about this? Where is our so-called "moral culture" of 3000 years here? We and our nation are a nation of hijras (eunuchs).


God..very sad. Seeing so many people just milling around non chalantly. Even more sad that the cruelty doesnt even cost the ministers their posts. Should have been hung..if it were up to me.

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Re: Indian Police Reform

Postby Purush » 12 Jan 2010 13:31

SaiK wrote:may be the saddist videographer was part of the hacker group.. did all this on purpose!?

Sounds like desi cops must carry police pistols like 14 round glock 23, in addition to an advanced composite baton cum taser that has a li ion battery torch, with a must have push button to signal for backup /SOS button, perhaps with a GPS unit in it for tracking.

Yes They Can!! yes we can provide money .. govt must change.. and democracy must be policy (not babu) driven.


Your post has been reported. :evil:

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Re: Indian Police Reform

Postby Sachin » 12 Jan 2010 14:38

hnair wrote:Sachin, was trying to get something done on those lines in our neighbourhood. Currently there is a pilot scheme being implemented with civilian volunteers.

In two major roads in Thrissur (NH 47, and the state highway from the city towards Kunnamkulam and Guruvayur) they have a good volunteer group going by the name ACTS (it is a short form of some other long jargon). They have been doing yeomenry service for the past 4-6 years. Consisting of mostly auto rickshaw and taxi drivers, shop keepers next to the roads these people have been able to save lots of life. Some organisation also donated to them two ambulances which they put to use regularly.

SaiK wrote:Sounds like desi cops must carry police pistols like 14 round glock 23, in addition to an advanced composite baton cum taser

Yes, with these incidents happening it is time to arm the average "bobby on the beat" with some thing more than a lathi. Sub-Inspectors are generally issued service revolvers, but many of them dont carry it always with them.

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Re: Indian Police Reform

Postby SaiK » 13 Jan 2010 06:28

Purush wrote:
SaiK wrote:may be the saddist videographer was part of the hacker group.. did all this on purpose!?

quote]

Your post has been reported. :evil:


reported for what? for calling the videographer a sadist? sorry if I had hurt you, if really did?

please note "may be".. means it is an assumption. do you have more details on this event?

also note: ddm says:
1. two state ministers failed to save a police sub inspector who died after a gang attacked him with crude bombs and sickles .

2. Local media reports said the gang was actually contracted to kill another sub-inspector and mistakenly took down Vetrivel.



also note, the cop was in the anti-veerapan team.

PS: here is something for you I searched to get:

http://news.oneindia.in/2010/01/10/tn-s ... ested.html

Speaking to reporters, SP Asra Garg said, "We have arrested three people, including a retired policeman, in connection with Vetrivel's murder. We are on the lookout for 10 more people."


further highlighted: The ministers instead of trying to help the dying officer, they watch him bleed to death.


btw, what is your take on these two ministers?

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Re: Indian Police Reform

Postby AnimeshP » 22 Jan 2010 01:42

Not sure where to post this ...
India inmates take yoga to reduce their jail sentences
Prisoners in the Indian state of Madhya Pradesh are being freed early if they complete yoga courses.
For every three months spent practising posture, balance and breathing the inmates can cut their jail time by 15 days.
The authorities say the lessons help to improve the prisoners' self-control and reduce aggression.
Some 4,000 inmates across the state are benefiting from the scheme, and many go on to become yoga instructors.

Wonder if this is restricted to certain class of prisoners say petty offenders or is the scheme applicable to violent offenders as well

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Re: Indian Police Reform

Postby ASPuar » 23 Jan 2010 15:16

Looks like Lucknows DIGP Prem Prakash is in the news again for high handedness. On thursday, he beat up female state government employees, which led to a strike. Yesterday, the District Magistrate added more ghee to the flames, by trying to sort out this agitation by slapping a striking state govt employee.

Incidentally, this is not Prem Prakash's first outing in the news. He also thrashed a security cop of his, who peed out side his house, until the man collapsed.

http://www.expressbuzz.com/edition/stor ... Nq8=&type=

Additionally, he had all weekly markets banned on a road, when his motorcade got stuck in a jam on that road, because of shopper crowd. He later lifted the ban, when representatives of the trader association met him to beg for mercy and their livelihoods.

http://timesofindia.indiatimes.com/city ... 324752.cms

Seems like UP bureaucrats are disgustingly drunk on power.

http://timesofindia.indiatimes.com/City ... 490889.cms

Lucknow DM, police chief fuel strike by employees

LUCKNOW: If the district magistrate (DM) and police chief of the state capital were entrusted with the responsibility of containing the agitation of the state government employees in Lucknow, then the two have ended up doing just the opposite.

Lucknow police chief DIG Prem Prakash mercilessly shoved and caned the women protestors on Thursday during a massive protest by state employees, prompting their union to declare a state-wide strike. On Friday, district magistrate Amit Kumar Ghosh went a step further to bolster the protest by publicly slapping an agricultural directorate staffer on the suspicion that he was fuelling the agitation on the directorate campus in Hazratganj. ( Watch Video )

Eye-witnesses told TOI that the man Ram Kumar, a clerk in the state agriculture department. Posted at Etawah, he was present at the agriculture directorate when the DM came for an inspection and questioned him about the purpose of his presence. Ram Kumar reportedly said that he had come to Lucknow to deliver some departmental files (daak or post).

When the DM asked him to show the files, he couldn’t. As the officer asked him for his identity card, a visibly baffled Ram Kumar reportedly asked him about his identity. Late on Friday night, taking suo moto cognizance of the incident on the basis of the news channel reports, the state government ordered an inquiry into the incident by Lucknow divisional commissioner Prashant Trivedi. The inquiry report has to be submitted to the government within the next 48 hours, an official spokesperson of the state government said.

Refusing to comment on the slapping issue, Ghosh said that the state government has declared the strike as illegal and it was his responsibility to ensure that proper law and order is maintained on roads and in government offices. Asked about the reason that provoked him to slap Ram Kumar, Ghosh said: ‘‘Yeh baat usi se poochiye. Waise bhi main kisi sawal ka jawab nahin doonga... sirf statement (Pose this question to him. I will only give a statement and won’t answer your questions),’’ he said.

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Re: Indian Police Reform

Postby Sachin » 16 Feb 2010 17:08

Maoist rebels kill 24 police in eastern India

The dead policemen were from the "Eastern Frontier Rifles" a Armed Police wing of West Bengal police. Some reports indicated that the policemen were relaxing listening to radios and some of them were engaged in cooking their meals when the Maoists attacked them.

The name of the unit gives it a semblance of an Army unit, but the later actions show that this force was not adequately trained in dealing with any armed insurgency. They were not even taking basic precautions like having armed sentries, quick response teams etc., who can put up some initial resistance. Looks like in areas where Maoists are having a field day, the local police units are totally disoriented, ill trained and may also have morale problems. They just don't seem to be fit for any major operation (other than a lathi charge). The states too seem to be passing the buck to CPOs like CRPF and CISF.

Looks like another major reformation required is to make these Armed Police units into real "Armed Police" units. Today they are just a reserve force whose main job is to do riot control (and not face any major armed assault).

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Re: Indian Police Reform

Postby ramana » 17 Feb 2010 21:52

Op-Ed in Tribune, from Chandigarh

http://www.tribuneindia.com/2010/20100217/edit.htm#3

Policing Punjab
State set against essential reforms

A major advantage of introducing the police commissionerate system in Punjab is that it will ensure better crowd control. The police will not have to wait for an Executive Magistrate, who is usually busy with civil matters, to order firing when faced with a violent mob. The Police Commissioners posted in the three districts of Amritsar, Jalandhar and Ludhiana will have the magisterial powers and accountability. Police helplessness was evident in the recent incidents of mob violence in Ludhiana and Jalandhar.

The police in Punjab is highly politicised and used by ruling politicians to further their partisan ends. Postings and transfers are dictated not as much by professional competence and administrative needs as by political expediency. The Supreme Court had initiated the much-needed police reforms in the country but Punjab has yet to implement them. A fixed tenure for police officers is a necessity if they are to work efficiently and show results. However, in Punjab officers who do not kowtow ruling politicians are shifted and even humiliated. They are kicked around like a football as Home Minister P. Chidambaram observed recently while addressing the DGPs.

The crime rate is very high and law and order is a very serious problem in the state. The police attitude towards the people, by and large, in Punjab remains high-handed. Even FIRs are not registered despite the courts’ repeated reminders. The criminal justice system, which is dependent on the capability and conduct of the police, is in a bad shape. Often the aggrieved citizen does not get the help he or she has the right to accept from the police. Most states, including Punjab, are not pushing through essential police reforms stressed even by the Supreme Court. Merely the appointment of Police Commissioners is not enough.


I thought injecting the DM in the loop gives the Police cover when they need to resort to deadly force. Why do they want to give up that cover? the answer is to take the DM along for the crowd control and not let him hide in the Collectorate. The orders have to coem frm the CM and the Chief Secy of the state.

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Re: Indian Police Reform

Postby ASPuar » 19 Feb 2010 20:36

All this constant drone of "Bureaucrats like IAS and IPS should be made independent of political control" is dangerous drivel, driven by the bureaucrats themselves.

In a democracy, the political (ie elected) representatives of the people are supposed to have control over the machinery of government. Unelected bureaucrats are completely unaccountable to the people, and show no interest in being so. Removing political oversight by removing the politicians ability to discipline the bureaucrat, is tantamount to making him independent of public oversight.

A terrible idea, and one propounded and promoted only by the bureaucracy.

En fait, such a plan would make sense if the bureaucrat was less corrupt than the politico. The truth is, that it is the bureaucrat who corrupts the politico in the first place!

I say that we should get rid of this imperial mindset, where the IAS and IPS can never be dismissed by the political leadership. They should be fired when punishment is required. That will teach them some humility, and responsibility, beyond merely accumulating crores in swiss bank accounts.

If a politician is a crook, we can always vote him out. But why cant we remove the Mai-baaps?

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Re: Indian Police Reform

Postby dinakar » 20 Feb 2010 08:53

It is really a tough task to investigate the robbery cases involving inter state gangs. Kudos for all the police officers who are instrumental in finishing this type of cases.... But sometimes i'm worried when police officers explain all the details about how they tracked the accused as it will make the other scums like them more alert.....
Robberies and inter-State gangs Law and order
A gang of robbers from the Pardi tribe hailing from Central India are said to be behind the robbery at a house in Bharati Nagar, Old Perungalathur, in November.

“We tracked the accused to Thiruvananthapuram after finding a label in the lungi which was used to tie-up the victim and glove used by one of the culprits. We lifted finger prints of Chailya from an abandoned hacksaw blade used to cut an iron grill. The print tallied after we matched it with data from a case of robbery in Neelankarai in 2004,” Mr.Sagadevan added.

The Pardi gang had come to Chennai after committing robberies in Bangalore, Calicut and Thiruvananathapuram. The breakthrough in the case came after the gang members abandoned a stolen car in Thiruvananathapuram after offering prayers at a temple there. “The gang’s practice is to offer prayers after every robbery at the Padmanabhapuram temple. :eek: We recovered a pooja ticket from the car which had their original address and a receipt from a jewellery store where they sold some jewellery. We also obtained CCTV images of the accused which was recorded at the store,” Sagadevan said.

The police team, later, caught Vikas and search for the rest of the gang members was carried out in parts of Madhya Pradesh and Maharashtra.

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Re: Indian Police Reform

Postby pgbhat » 22 Feb 2010 08:10


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Re: Indian Police Reform

Postby Sachin » 24 Feb 2010 11:48

rshyam wrote:It is really a tough task to investigate the robbery cases involving inter state gangs. Kudos for all the police officers who are instrumental in finishing this type of cases

The robbery in Thiruvananthapuram had sent jitters up the spine of folks in the city. Infact this robbery was highlighted very much in the local media (as usual blaming the police as being incompetent). The robbers had tied up the lady of the house and also escaped in the family car. This car was found by an alert person in Kochi, where it as found abandoned. A similar robbery had been committed in Chennai, and the Tamizh Naadu Kaaval was also on the look out.

As per the local Mallu news reports published earlier, the K.P found clues as to the people from CCTV footages, corroborated this with Tamizh Naadu Kaaval and then took of to a village in Maharashtra. The Ma.Po also gave all possible help and some members of the criminal gang was arrested. It seems they are a group of tribals from interiors of Maharashtra. This criminal gang also had a custom of raping the women in the house, but this nasty tactic was stopped after Maharashtra (or Karnataka) police shot dead one the criminal gang leaders.

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Re: Indian Police Reform

Postby ASPuar » 10 Mar 2010 17:03

http://timesofindia.indiatimes.com/city ... 667338.cms



4 students held for smearing colour on Maya's poster

PTI, Mar 10, 2010, 02.24pm IST

LUCKNOW: Four students of UP Sainik School have been arrested and sent to juvenile home for allegedly smearing colour on chief minister Mayawati's posters here during Holi.

The four, who are appearing for their XII board exams, were arrested on Holi night on charges of damaging public property and a case had been lodged against them under the Prevention of Damage to Public Property Act. They have beet sent to a reformatory home for juveniles, official sources said today.

While police claimed that the students were caught damaging the public property, school authorities alleged that the police was settling scores.

"It doesn't seem that our students would do such an act," school spokesman K K Tiwari said.

He said that on Holi night these students had gone out of the hostel to purchase some medicine. "While they were returning back, the students were stopped by police, who alleged that they had damaged posters of the CM and booked them on charges of damaging public property."

"Why these students, who are meritorious and passed their high school examination with more than 85 per cent marks indulged in such activity. They are being framed by police," father of a student Rajkumar alleged.

"With board examinations going on, our children are brought to school from juvenile home to appear in the examination. They are being treated like murderers," Rajkumar alleged.

The bail application of the four students would be heard in juvenile court today.


Terrible. This seems completely out of proportion to the act committed. And I wasnt aware that posters of Mayawati are public property. Why would any cops book a schoolchild for something stupid like this? Looks like UP is in the hands of complete jungle raj.

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Re: Indian Police Reform

Postby Sachin » 10 Mar 2010 22:10

ASPuar wrote:Looks like UP is in the hands of complete jungle raj.

A society gets the police it deserves. UP Police have got into lots of trouble these years due to high handedness on their side. And as always more than the "aam Janata" it was English media which made a hue and cry of it. Looks like the society also at times are agreeing that such a behaviour is fine. Policemen, who come up from the society takes this as a normal way of behaviour. If the "Jungle Raj" has to go, there has to be a complete over-haul of every aspect of government, politics and executive wings (including Police) in the state.

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Re: Indian Police Reform

Postby ASPuar » 15 Mar 2010 12:50

Sachin wrote:A society gets the police it deserves.


But what does this mean? I would say that the problems of the police are related to the supervisory care exercised by the top rung of the police leadership (ie the IPS, which, in turn, SHOULD be completely accountable to the political executive). In states where law and order is particularly bad, the political executive can be seen to be disfunctional/highly corrupt/unconcerned with the social sector. So, the type of IPS officers appointed to important posts is also of the same type, and they know that they neednt bother too much about police work. UP is a current example. Bihar was an example. Haryana and Punjab are routine visitors in the police brutality stakes. Southern states, in my experience generally have a political executive more committed to public order (and consequently less brutal police- but Im not from the south, so this is only my perception from visits).

Everytime some police atrocity happens, there are sporadic demonstrations, agitations, most of which are lathi charged once they get too large. That the English language media doesnt give a fig for these demonstrations is a different matter. How does a society control the police that it gets? When is police reform ever on the ballot of any political party?

When is the police directly responsible to the people? When was the last time that even a state government could order the DISMISSAL of an IPS officer? They are immune to punishment. If the state government wants them dismissed, the case is referred to the Union Home Ministry. There, fellow bureaucrats shield the officer concerned. So a state government is (in effect) powerless to punish an All India Service officer.

For the CBI to register a case and proceed with investigations against an all India service officer, requires so many permissions that the cases are delayed till they are irrelevant. Anyway, the CBI itself is run by the IPS, so its impartiality in these cases is anyway suspect.

And the so called police reforms proposed by the police and for the police would make the police leadership immune to any reproof from the elected representatives anyway. What use is that? Arent they already arrogant and aloof enough from the people?

The Indian policing (and general administration) system was imported whole sale from the colonial era, and its administrators (the chosen few IPS officers), even liken themselves to the colonial era IP. This is a mindset whose results are altogether evident in the quality and type of policing we receive today! Rather than being "Public Servants", policemen are "Public Masters"!

Anyway, my comments in my previous post on this thread were a thought on how large the cult of sycophancy has advanced, when a case (real, or fake), can be registered on the grounds of "defacing a poster of Mayawati"!

Pranay
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Re: Indian Police Reform

Postby Pranay » 18 Mar 2010 04:45

http://publication.samachar.com/pub_art ... extIndex=1

The sooner this is implemented the better...

Parliamentary panel moots law to free CBI from netas' hands
Rakesh Bhatnagar / DNA
Thursday, March 18, 2010 0:40 IST


New Delhi: A parliamentary panel has asked the government to enact a law making the Central Bureau of Investigation (CBI) an independent statutory body so that it doesn’t become a tool in the hands of the political class.

The parliamentary standing committee on personnel, public grievances and law and justice headed by Jayanthi Natarajan examined action taken reports filed by the CBI on concerns raised in various quarters about the impartiality of the probe agency. It found the CBI’s response to these allegations unsatisfactory. The panel also found increasing politicisation of the probe agency.

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Re: Indian Police Reform

Postby ASPuar » 18 Mar 2010 09:56

The problem is, that ALL police agencies in India are headed by IPS officers. IPS officers, by nature of their work in the State police, ALWAYS have to associate with politicians, and so are politicised.

If they want to make the CBI independent, make it a statutory body, but make its own cadre officers (who by the nature of their work have little interaction with politicians), head of the organisation.

This monopoly of security and law enforcement by one service (IPS), is unhealthy, and leads to cronyism, nepotism, and inefficiency.

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Re: Indian Police Reform

Postby Ravi Raj Atrey » 19 Mar 2010 11:59

I am pleased to see a discussion on Police Reforms on web. Unfortunately our people are not much aware about need of Police reforms in country. I would like to associate with you all here to take forward the Police Reforms in India.

Besides case based innervations, there is need of structural changes in Police Reforms. From last many decades there have been efforts in this way but due to poor political will, Police reforms have not been implemented.

We need an independent professional Police service, which helps to create a dignified environment of living.

I have wrote email regarding the Delhi Police Amendment Bill, 2010 which has to be discussed in this session of Parliament, to the Home Minister Sri P. Chidambaram, please visit my blog www.ratreysocialwork.blogspot.com to read it.

Ravi Raj Atrey
www.ratreysocialwork.blogspot.com

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Re: Indian Police Reform

Postby RayC » 19 Mar 2010 12:25

Indeed there is a serious requirement for reforms, but it will never come to pass.

The police is the long arm of the political party in power, be ut the Centre or the State, extending their reach amongst the people and influencing them to vote in the right direction.

The DIG's report on Mayawati's bees is a case in point of the sycophancy and total subservience that could be displayed. And these are those who protect the common am admi (I like this slogan since the most deprived and debased are the am admi).

Chara Chor or Mayawati's crores, nothing will happen since the politics of the day will decide how the police and the CBI is to operate.

At least Lallu had the sense of humour to state - Main chara kaya. To kia hua? Main to Bihar to Rabri diya!
Last edited by RayC on 19 Mar 2010 12:28, edited 1 time in total.

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Re: Indian Police Reform

Postby Ravi Raj Atrey » 19 Mar 2010 12:28

Are you all aware about the Supreme Court directives in year 2006 in the writ petition of Sri Prakash Singh concerning Police Reforms?

RayC
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Re: Indian Police Reform

Postby RayC » 19 Mar 2010 12:29

Ravi Raj Atrey wrote:Are you all aware about the Supreme Court directives in year 2006 in the writ petition of Sri Prakash Singh concerning Police Reforms?


No.

Do give a summary.

However, the CJ has condoned rape wherein the rapist can marry the raped! Justice for you!

Blind Men of Hindoosthan!

Blind leading the Blind and despondent turned fatalist! That is how the population has been converted to become Pavlovian Dogs!

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Re: Indian Police Reform

Postby Philip » 19 Mar 2010 12:59

I suppose this is the right thread as the perpetrators are frauds who deceive the public.In recent imes we've seen quite a number of (in) famous "godmen" literally exposed in all their duplicity!

http://www.timesonline.co.uk/tol/news/w ... 067989.ece

Sceptic challenges guru to kill him live on TV

Pandit Surender Sharma tries to kill Sanal Edamaruku live on television: the rationalist didn't look too worried
Image :1 of 2
Jeremy Page, Delhi

EXcerpt:
When a famous tantric guru boasted on television that he could kill another man using only his mystical powers, most viewers either gasped in awe or merely nodded unquestioningly. Sanal Edamaruku’s response was different. “Go on then — kill me,” he said.

Mr Edamaruku had been invited to the same talk show as head of the Indian Rationalists’ Association — the country’s self-appointed sceptic-in-chief. At first the holy man, Pandit Surender Sharma, was reluctant, but eventually he agreed to perform a series of rituals designed to kill Mr Edamaruku live on television. Millions tuned in as the channel cancelled scheduled programming to continue broadcasting the showdown, which can still be viewed on YouTube.

First, the master chanted mantras, then he sprinkled water on his intended victim. He brandished a knife, ruffled the sceptic’s hair and pressed his temples. But after several hours of similar antics, Mr Edamaruku was still very much alive — smiling for the cameras and taunting the furious holy man.

“He was over, finished, completely destroyed!” Mr Edamaruku chuckles triumphantly as he concludes the tale in the Rationalist Centre, his second-floor office in the town of Noida, just outside Delhi.



Another swami — who conducted funeral rites for Indira Gandhi, the Prime Minister who was assassinated in 1984 — used to appear to create fire by pouring ghee, clarified butter, on to ash and then staring at the mixture until it burst into flames. The “ghee” was glycerine and the “ash” was potassium permanganate, two chemicals that spontaneously combust within about two minutes of being mixed together.

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Re: Indian Police Reform

Postby Ravi Raj Atrey » 19 Mar 2010 13:01

THE LAND-MARK SUPREME COURT JUDGEMENT ON POLICE REFORMS

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11
CASE NO.:
Writ Petition (civil) 310 of 1996
PETITIONER:
Prakash Singh & Ors
RESPONDENT:
Union of India and Ors
DATE OF JUDGMENT: 22/09/2006
BENCH:
Y.K. Sabharwal, C.K. Thakker & P.K. Balasubramanyan
JUDGMENT:
J U D G M E N T
Y.K. Sabharwal, CJI.
Considering the far reaching changes that had taken
place in the country after the enactment of the Indian Police
Act, 1861 and absence of any comprehensive review at the
national level of the police system after independence despite
radical changes in the political, social and economic situation
in the country, the Government of India, on 15th November,
1977, appointed a National Police Commission (hereinafter
referred to as ’the Commission’). The commission was
appointed for fresh examination of the role and performance of
the police both as a law enforcing agency and as an institution
to protect the rights of the citizens enshrined in the
Constitution.
The terms and reference of the Commission were wide
ranging. The terms of reference, inter alia, required the
Commission to redefine the role, duties, powers and
responsibilities of the police with special reference to
prevention and control of crime and maintenance of public
order, evaluate the performance of the system, identify the
basic weaknesses or inadequacies, examine if any changes
necessary in the method of administration, disciplinary control
and accountability, inquire into the system of investigation
and prosecution, the reasons for delay and failure and suggest
how the system may be modified or changed and made
efficient, scientific and consistent with human dignity,
examine the nature and extent of the special responsibilities of
the police towards the weaker sections of the community and
suggest steps and to ensure prompt action on their complaints
for the safeguard of their rights and interests. The
Commission was required to recommend measures and
institutional arrangements to prevent misuse of powers by the
police, by administrative or executive instructions, political or
other pressures or oral orders of any type, which are contrary
to law, for the quick and impartial inquiry of public complaints
made against the police about any misuse of police powers.
The Chairman of the Commission was a renowned and highly
reputed former Governor. A retired High Court Judge, two
former Inspector Generals of Police and a Professor of TATA
Institute of Special Sciences were members with the Director,
CBI as a full time Member Secretary.
The Commission examined all issues in depth, in period
of about three and a half years during which it conducted
extensive exercise through analytical studies and research of
variety of steps combined with an assessment and
appreciation of actual field conditions. Various study groups
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 11
comprising of prominent public men, Senior Administrators,
Police Officers and eminent academicians were set up.
Various seminars held, research studies conducted, meetings
and discussions held with the Governors, Chief Ministers,
Inspector Generals of Police, State Inspector Generals of Police
and Heads of Police organizations. The Commission submitted
its first report in February 1979, second in August 1979, three
reports each in the years 1980 and 1981 including the final
report in May 1981.
In its first report, the Commission first dealt with the
modalities for inquiry into complaints of police misconduct in
a manner which will carry credibility and satisfaction to the
public regarding their fairness and impartiality and
rectification of serious deficiencies which militate against their
functioning efficiently to public satisfaction and advised the
Government for expeditious examination of recommendations
for immediate implementation. The Commission observed that
increasing crime, rising population, growing pressure of living
accommodation, particularly, in urban areas, violent
outbursts in the wake of demonstrations and agitations
arising from labour disputes, the agrarian unrest, problems
and difficulties of students, political activities including the
cult of extremists, enforcement of economic and social
legislation etc. have all added new dimensions to police tasks
in the country and tended to bring the police in confrontation
with the public much more frequently than ever before. The
basic and fundamental problem regarding police taken note of
was as to how to make them functional as an efficient and
impartial law enforcement agency fully motivated and guided
by the objectives of service to the public at large, upholding
the constitutional rights and liberty of the people. Various
recommendations were made.
In the second report, it was noticed that the crux of the
police reform is to secure professional independence for the
police to function truly and efficiently as an impartial agent of
the law of the land and, at the same time, to enable the
Government to oversee the police performance to ensure its
conformity to the law. A supervisory mechanism without
scope for illegal, irregular or mala fide interference with police
functions has to be devised. It was earnestly hoped that the
Government would examine and publish the report
expeditiously so that the process for implementation of various
recommendations made therein could start right away. The
report, inter alia, noticed the phenomenon of frequent and
indiscriminate transfers ordered on political considerations as
also other unhealthy influences and pressures brought to bear
on police and, inter alia, recommended for the Chief of Police
in a State, statutory tenure of office by including it in a
specific provision in the Police Act itself and also
recommended the preparation of a panel of IPS officers for
posting as Chiefs of Police in States. The report also
recommended the constitution of Statutory Commission in
each State the function of which shall include laying down
broad policy guidelines and directions for the performance of
preventive task and service oriented functions by the police
and also functioning as a forum of appeal for disposing of
representations from any Police Officer of the rank of
Superintendent of Police and above, regarding his being
subjected to illegal or irregular orders in the performance of
his duties.
With the 8th and final report, certain basic reforms for the
effective functioning of the police to enable it to promote the
dynamic role of law and to render impartial service to the
people were recommended and a draft new Police Act
incorporating the recommendations was annexed as an
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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
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 11
brought to book and appropriate action taken without any
delay.
The petitioners seek that Union of India be directed to redefine
the role and functions of the police and frame a new
Police Act on the lines of the model Act drafted by the National
Police Commission in order to ensure that the police is made
accountable essentially and primarily to the law of the land
and the people. Directions are also sought against the Union
of India and State Governments to constitute various
Commissions and Boards laying down the policies and
ensuring that police perform their duties and functions free
from any pressure and also for separation of investigation
work from that of law and order.
The notice of the petition has also been served on State
Governments and Union Territories. We have heard Mr.
Prashant Bhushan for the petitioners, Mr. G.E. Vahanvati,
learned Solicitor General for the Union of India, Ms. Indu
Malhotra for the National Human Rights Commission and Ms.
Swati Mehta for the Common Welfare Initiatives. For most of
the State Governments/Union Territories oral submissions
were not made. None of the State Governments/Union
Territories urged that any of the suggestion put forth by the
petitioners and Solicitor General of India may not be accepted.
Besides the report submitted to the Government of India
by National Police Commission (1977-81), various other high
powered Committees and Commissions have examined the
issue of police reforms, viz. (i) National Human Rights
Commission (ii) Law Commission (iii) Ribeiro Committee (iv)
Padmanabhaiah Committee and (v) Malimath Committee on
Reforms of Criminal Justice System.
In addition to above, the Government of India in terms of
Office Memorandum dated 20th September, 2005 constituted a
Committee comprising Shri Soli Sorabjee, former Attorney
General and five others to draft a new Police Act in view of the
changing role of police due to various socio-economic and
political changes which have taken place in the country and
the challenges posed by modern day global terrorism,
extremism, rapid urbanization as well as fast evolving
aspirations of a modern democratic society. The Sorabjee
Committee has prepared a draft outline for a new Police Act
(9th September, 2006).
About one decade back, viz. on 3rd August, 1997 a letter
was sent by a Union Home Minister to the State Governments
revealing a distressing situation and expressing the view that
if the Rule of Law has to prevail, it must be cured.
Despite strong expression of opinions by various
Commissions, Committees and even a Home Minister of the
country, the position has not improved as these opinions have
remained only on paper, without any action. In fact, position
has deteriorated further. The National Human Rights
Commission in its report dated 31st May, 2002, inter alia,
noted that:
"Police Reform:
28(i) The Commission drew attention in its 1st
April 2002 proceedings to the need to act
decisively on the deeper question of Police
Reform, on which recommendations of the
National Police Commission (NPC) and of the
National Human Rights Commission have been
pending despite efforts to have them acted
upon. The Commission added that recent
event in Gujarat and, indeed, in other States of
the country, underlined the need to proceed
without delay to implement the reforms that
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 11
have already been recommended in order to
preserve the integrity of the investigating
process and to insulate it from ’extraneous
influences’.
In the above noted letter dated 3rd April, 1997 sent to all
the State Governments, the Home Minister while echoing the
overall popular perception that there has been a general fall in
the performance of the police as also a deterioration in the
policing system as a whole in the country, expressed that time
had come to rise above limited perceptions to bring about
some drastic changes in the shape of reforms and
restructuring of the police before the country is overtaken by
unhealthy developments. It was expressed that the popular
perception all over the country appears to be that many of the
deficiencies in the functioning of the police had arisen largely
due to an overdose of unhealthy and petty political
interference at various levels starting from transfer and
posting of policemen of different ranks, misuse of police for
partisan purposes and political patronage quite often extended
to corrupt police personnel. The Union Home Minister
expressed the view that rising above narrow and partisan
considerations, it is of great national importance to insulate
the police from the growing tendency of partisan or political
interference in the discharge of its lawful functions of
prevention and control of crime including investigation of
cases and maintenance of public order.
Besides the Home Minister, all the Commissions and
Committees above noted, have broadly come to the same
conclusion on the issue of urgent need for police reforms.
There is convergence of views on the need to have (a) State
Security Commission at State level; (b) transparent procedure
for the appointment of Police Chief and the desirability of
giving him a minimum fixed tenure; (c) separation of
investigation work from law and order; and (d) a new Police Act
which should reflect the democratic aspirations of the people.
It has been contended that a statutory State Security
Commission with its recommendations binding on the
Government should have been established long before. The
apprehension expressed is that any Commission without
giving its report binding effect would be ineffective.
More than 25 years back i.e. in August 1979, the Police
Commission Report recommended that the investigation task
should be beyond any kind of intervention by the executive or
non-executive.
For separation of investigation work from law and order
even the Law Commission of India in its 154th Report had
recommended such separation to ensure speedier
investigation, better expertise and improved rapport with the
people without of-course any water tight compartmentalization
in view of both functions being closely inter-related at the
ground level.
The Sorabjee Committee has also recommended
establishment of a State Bureau of Criminal Investigation by
the State Governments under the charge of a Director who
shall report to the Director General of Police.
In most of the reports, for appointment and posting,
constitution of a Police Establishment Board has been
recommended comprising of the Director General of Police of
the State and four other senior officers. It has been further
recommended that there should be a Public Complaints
Authority at district level to examine the complaints from the
public on police excesses, arbitrary arrests and detentions,
false implications in criminal cases, custodial violence etc. and
for making necessary recommendations.
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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
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 11
Judge nominated by Chief
Justice of High Court.
3. Judge, sitting or retired,
nominated by Chief Justice
of High Court.
3. Chief Secretary
4. Chief Secretary
4. Chief Secretary
4. DGP (ex-officio Secretary)
5. Leader of Opposition
in Lower House.
5. Three non-political
citizens of proven merit and
integrity.
5. Five independent Members.
6. DGP as ex-officio
Secretary.
6. DG Police as Secretary.
-
The recommendations of this Commission shall be
binding on the State Government.
The functions of the State Security Commission would
include laying down the broad policies and giving directions
for the performance of the preventive tasks and service
oriented functions of the police, evaluation of the
performance of the State police and preparing a report
thereon for being placed before the State legislature.
Selection and Minimum Tenure of DGP:
(2) The Director General of Police of the State shall be
selected by the State Government from amongst the
three senior-most officers of the Department who have
been empanelled for promotion to that rank by the
Union Public Service Commission on the basis of their
length of service, very good record and range of
experience for heading the police force. And, once he
has been selected for the job, he should have a
minimum tenure of at least two years irrespective of
his date of superannuation. The DGP may, however,
be relieved of his responsibilities by the State
Government acting in consultation with the State
Security Commission consequent upon any action
taken against him under the All India Services
(Discipline and Appeal) Rules or following his
conviction in a court of law in a criminal offence or in
a case of corruption, or if he is otherwise incapacitated
from discharging his duties.
Minimum Tenure of I.G. of Police & other officers:
(3) Police Officers on operational duties in the field like
the Inspector General of Police in-charge Zone, Deputy
Inspector General of Police in-charge Range,
Superintendent of Police in-charge district and Station
House Officer in-charge of a Police Station shall also
have a prescribed minimum tenure of two years unless
it is found necessary to remove them prematurely
following disciplinary proceedings against them or
their conviction in a criminal offence or in a case of
corruption or if the incumbent is otherwise
incapacitated from discharging his responsibilities.
This would be subject to promotion and retirement of
the officer.
Separation of Investigation:
(4) The investigating police shall be separated from the
law and order police to ensure speedier investigation,
better expertise and improved rapport with the people.
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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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