Monday, June 29

Police Reforms – Too important to neglect, too urgent to delay

Today a notice is being served to the Chief Secretary of Madhya Pradesh for not implementing the Police Reforms in Madhya Pradesh.

Implementing Police reforms is adhering to the splendid ideals and the democratic values, intended and designed for the protection of life, liberty and other fundamental rights of the defenseless.

To our great dismay and disappointment my State Governments neither approached the Hon Supreme Court of India to review their order in Writ Petition nor implemented the Supreme Court orders.

We have our police functioning under a legislation enacted in 1861 and in the present stage of our growth and development and claims to be a developed state with credible institutions of governance.

Not implementing Police reforms is an effort to keep the police in this country as a lawless bunch and violators of Human Rights. The present police force is not in rhyme with the new and growing society, inspite of the Government of India and the Apex Court several initiatives, police reform that are framed with the approval by the public.

I request citizen’s immediate intervention in the matter. Ajay Dubey an activist from Bhopal Had filed a PIL two months back. He has been collecting information through RTI act fr0m the Home Department. Fifteen days back teh Government was served a notice for the contempt of the Supreme Court order.....the news was broadcasted by very few.

On 22nd of September 2006 the Hon’ble Supreme Court of India gave a ‘judicial nudge’ to the ever, elusive quest for police reforms.

Shri Prakash Singh, a former Director General filed a petition under Article 32 of the Constitution ..praying for issue of directions to the Government of India to frame a new Police Act on the lines of the model Act drafted by the Commissions in order to ensure that the Police is made accountable essentially and primarily to the law of the land and the people.

In their order in Prakash Singh and Ors Vs. Union of India (UoI) and Ors, a three member Bench headed by the Chief Justice of India, Y.K. Sabharwalwent through the annals of police reforms , the Reports of the Law Commission, Report of the Human Rights Commission and a host of material relevant to police and criminal justice reforms.

The Court noted that ‘police’ is a State subject, and quite candidly asked themselves: “The question, however is whether this Court should further wait for Government to take suitable steps for Police Reforms” and concluded, most logically, that they should not wait any further. They went on to say “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 this country (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 prepared by the Central Government and / or the State Governments pass requisite legislations”.

The Chief Justice of India who authored the judgment was echoing the hopes and aspirations of generations of police personnel and millions of right thinking people, when he observed that “….. 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 what so ever by 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”. The directives touch upon the following issues only:-

• A State Security Commission in every State / A National Security Commission by the Union Government.
• Selection process and minimum tenure for the Director General of Police and certain other functionaries.
• Separation of investigation
• Police Establishment Board
• Police Complaints Authority

The Cat is out of the Bag since long...a new society needs a new police.Are the politicians alone in the efforts to abort the initiatives for police reforms? No, certainly not....This is thus the most crucial moment for all well-meaning people of this sTate to make their voice heard; to come to the open and press their case for a clean and efficient police; a police accountable to the law and respecting the Rule of Law.
“Police Reforms – Too important to neglect, too urgent to delay”

Invent India.
Say We Care.

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