Police Reforms Supreme Court Directions by Prakash Singh

1. Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

2. Supreme Court Directions • 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 Objective

3. State Security Commission • National Human Rights Commission • Ribeiro Committee • Sorabjee Committee Any model recommended by the following could be chosen:

4. State Security Commission NHRC Model • CM/HM as Chairman • Leader of Opposition • Lok Ayukta or a retired Judge of High Court to be nominated by CJ or Member, State Human Rights Commission. • A sitting or retired Judge nominated by Chief Justice of High Court. • Chief Secretary • DGP as ex-officio Secretary

5. State Security Commission 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

6. State Security Commission 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

7. Functions of State Security Commission • 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.

8. Police Establishment Board Members: DGP and four other senior officers of Department • 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.

9. Accountability 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.

10. Accountability 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.

11. Selection 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.

12. Security 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

13. Security 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

14. Separation of Investigation from 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

15. National Security Commission Members: • Union Home Minister • Heads of CPOs • Security Experts • Union Home Secretary as ex-officio Secretary

16. National 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

17. Supreme Court Directions Implementation will have the effect of • Upholding the Rule of Law • Insulating police from extraneous pressures • Protecting human rights • Improving Governance  

18. States’ Response • Some states have complied • Partial compliance by some states • States have asked for more time • States which have challenged SC directions   

19. Impediments • Political Executive unwilling to shed power • Opposition from Bureaucracy • Opposition from within

20. Follow-up Action • Mobilise • Public Opinion • Media • NGOs • Neutralise political opposition • Marginalise corrupt/politicised officers

21. A New Beginning