Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam...
-
Upload
cora-andrews -
Category
Documents
-
view
214 -
download
0
Transcript of Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam...
Police ReformsPolice Reforms
Supreme Court DirectionsSupreme Court Directionsby
Prakash Singhformerly Director General BSF, DGP Assam and DGP UP
Supreme Court DirectionsSupreme Court Directions
ObjectiveObjective
Insulating police from political pressures Internal autonomy to police in personnel
matters Ensuring accountability Objective selection of DGP Security of tenure to field officers Separating investigative from law and
order functions
State Security CommissionState Security Commission
1. National Human Rights Commission
2. Ribeiro Committee
3. Sorabjee Committee
Any model recommended by the following could be chosen:
State Security Commission State Security Commission NHRC Model NHRC Model
1. CM/HM as Chairman2. Leader of Opposition3. Lok Ayukta or a retired Judge of High Court to
be nominated by CJ or Member, State Human Rights Commission.
4. A sitting or retired Judge nominated by Chief Justice of High Court.
5. Chief Secretary 6. DGP as ex-officio Secretary
State Security Commission State Security Commission Ribeiro Committee Model Ribeiro Committee Model
Minister i/c Police as Chairman Leader of Opposition Judge, sitting or retired, nominated by Chief
Justice Chief Secretary Three non-political citizens of proven merit
and integrity DG Police as Secretary
State Security Commission State Security Commission Sorabjee Committee Model Sorabjee Committee Model
Home Minister as Chairperson Leader of Opposition High Court Judge (retd.) Chief Secretary Home Secretary Five “non-political persons” DGP as ex-officio Secretary
Functions of State Security Functions of State Security CommissionCommission
Laying down broad policies Giving directions for the performance of
preventive tasks and service-oriented functions of police.
Evaluating performance of the State Police and preparing a report thereon to be placed before State Legislature.
Police Establishment BoardPolice Establishment Board
Decide transfers, postings and other service related matters of all officers of and below the rank of Dy.SP.
Make recommendations to State Government regarding postings and transfers of officers of and above the rank of SP.
Forum of Appeal for disposing of representations from officers of the rank of SP and above regarding their promotion, transfer, disciplinary proceedings or their being subjected to illegal or irregular orders.
Members: DGP and four other senior officers of Department
AccountabilityAccountability
District Complaints Authority
Members: Headed by retired District Judge chosen out of panel of names proposed by CJ or a Judge of the High Court nominated by him.
Assisted by three to five members selected from a panel prepared by the State HRC/Lok Ayukta/PSC
Powers: Look into complaints against police officers of and upto the rank of Dy.SP.
AccountabilityAccountability
State-level Complaints Authority Members: Headed by retired Judge of High
Court/Supreme Court chosen out of a panel of names proposed by Chief Justice.
Assisted by three to five members selected from a panel prepared by the State HRC/Lok Ayukta/PSC
Powers: Inquire into complaints of serious misconduct (incidents involving death, grievous hurt or rape in police custody) against any officer of the rank of SP and above.
Selection of DGPSelection of DGP
From amongst three senior-most officers who have been empanelled for promotion to that rank by UPSC on the basis of:
Length of Service Very Good record Range of experience
Minimum Tenure – Two years irrespective of date of superannuation.
Security of TenureSecurity of Tenure
Minimum tenure of two years for all field officers including:
DGP of the State IG Zone DIG Range SP i/c District SHO
Security of TenureSecurity of Tenure
Officers may, however, be removed prematurely as a result of: Disciplinary Proceedings Conviction in a criminal case or case of
corruption Found incapacitated from discharging his
responsibilities
Separation of Investigation Separation of Investigation from Law & Orderfrom Law & Order
To be implemented in towns/urban areas which have a population of ten lakhs or more to start with.
Objective:
Speedier Investigation Better Expertise Improved rapport with people
National Security CommissionNational Security Commission
Members: Union Home Minister Heads of CPOs Security Experts Union Home Secretary as ex-officio
Secretary
National Security CommissionNational Security Commission
Objectives: Make recommendation to appropriate
authority for selection and placement of Chiefs of CPOs, who would also have a minimum tenure of two years.
Take measures to upgrade the effectiveness of CPOs
Improve service conditions of its personnel Ensure coordination between the forces and
their proper utilization
Supreme Court DirectionsSupreme Court Directions
Implementation will have the effect of
Upholding the Rule of Law Insulating police from extraneous pressures Protecting human rights Improving Governance
States’ ResponseStates’ Response
Some states have complied Partial compliance by some states States have asked for more time States which have challenged SC directions
Impediments Impediments
Political Executive unwilling to shed power Opposition from Bureaucracy
Opposition from within
Follow-up ActionFollow-up Action
Mobilise
Public Opinion Media NGOs
Neutralise political opposition Marginalise corrupt/politicised officers