Citizens Initiative for Peace

We have been working to have Police Reforms in the state of Maharashtra. We have held several vigils, seminars, press conferences for same.

• Synopsis of Police Reforms & its Status in Maharashtra

  Why is Police Reforms needed urgently?

   

  1. To make Police function autonomous & independent, to maintain rule of law without any political interference.
  2. Even as Police become independent they should not be able to misuse their power and are citizen friendly.

   

  Background

  Police reforms are the most important of all the reforms. It is only through proper policing that law & order of the state can be well maintained. There is a considerable headway in this field due to Supreme Court directives.

   

  1. The Janata Party which came to power in 1977, wanted to understand the reasons of Police brutalities during emergency and to improve its working, on 15th November, 1977, appointed a National Police Commission to have a comprehensive review at the national level of the police system after independence despite radical changes in the political, social and economic situation in India. The Commission had eight members from Police and society.

  2. The terms and reference of the Commission were wide ranging.

  3. 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.. The Commission submitted 8 reports from  February 1979 to May 1981.

  4. 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, 2 retired DGP’s Prakash Singh & N K Singh filed PIL in the Supreme Court in 1996.

  5. 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. The present Act came into existence in 1861 by Britishers, to bring to trial people arrested for the 1857 Uprising. The Sorabjee Committee has prepared a draft outline for a new Police Act (9th September, 2006).

  6. The Supreme Court delivered judgement on 22^nd September 2006 giving following directions to the Central Government, State Governments and Union Territories for compliance till framing of the appropriate legislations.

   

  The Supreme Court Directives & Status of Implementation in Maharashtra State:

   

  (1) Constitute a State Security Commission to

     (i) ensure that the state government does not exercise unwarranted influence or pressure  on the police,

     (ii) lay down broad policy guidelines, and (iii) evaluate the performance of the state police;

  Present Status-Maharashtra Govt. has as per the GR no. NPC 1008/2/CR-6/POL-3 dated 14.04.2010 constituted the State Security Commission.

  (2) Ensure that the Director General of Police is appointed through a merit based, transparent process and enjoys a minimum tenure of two years;

  Present Status- Appointment of Mr A.N. Roy as State DGP had drawn strictures from HC. Mr. Virk has gone to SC to have his 2 year tenure completed.

  (3) Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district and Station House Officers in-charge of a police station) also have a minimum tenure of two years;

  Present Status- Maharashtra Government has not sufficiently ensured the tenure of its key police officials. The Government’s arguments are indicative of a political need to control the police rather than govern them. Therefore, Maharashtra is non compliant with this directive.

  (4) Set up a Police Establishment Board, which will decide all transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers of officers above the rank of Deputy Superintendent of Police;

  Present Status- The Maharashtra Government has created a PEB according to the Supreme Court directive its Resolution asserts that the PEB shall decide transfers, postings and promotions for police officers of and below the rank of Inspector of Police. Therefore, it has excluded the protection for the Dy.SP as provided for by the Apex Court and restricted the PEB function to make its decision in accordance with the Maharashtra Government Servants Regulation of Transfer and Prevention Delay in Discharge of Duties Act 2005 which is vaguely formulated and does not fulfill the objective criteria set by the Supreme Court regarding tenure and transfers as discussed above.

  (5) Set up independent Police Complaints Authorities at the state and district levels to look into public complaints against police officers in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody, extortion, land grabbing and serious

  abuse. The people manning PAC will be drawn from retired judiciary. The state level authority is to be chaired by a retired judge of the HC or SC. The district level authority is to be chaired by a retired district judge.

  Present Status- The Government Resolution creating a State and District PCA in Maharashtra is clearly violating the directive on all accounts. First, the composition has been diluted thus compromising the independent checks and balances ensured by the Supreme Court. It is highly concerning that the Head of the Maharashtra State PCA can be a retired DGP or a retired IAS officer clearly violating the Apex Court direction. It is equally troublesome that members of the State PCA are serving IPS and IAS officers. Second, the PCA does not have binding powers and third its members have not been provided statutory protection for suitable remuneration. All this will lead to a weak and diluted PCA clearly violating the letter and spirit of the directive.

  (6) Separate the investigation and law and order functions of the police 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.

  Present Status- Maharashtra has according to its Affidavit separated Investigation from Law & Order at the State level, Police Commissionerates and at the District Police level. However, the Government is completely silent on any time line of further separation or steps to be taken to ensure separation.

   

  Conclusion:

   

  Overall the implementation of Police reforms in Maharashtra is dismal. The Police Reforms constitute the most important reforms after the economic reforms. If there is improvement in the functioning of Police many problems affecting the Indian society will be reduced. There is a considerable headway due to Supreme Court directives. There has to be a greater public awareness & pressure exerted on the Maharashtra Govt. to implement the Police reforms. After the Mumbai terror attack improvement in police functioning has to be taken in utmost urgency by the Maharashtra govt.