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| Home Deptt approaches SC, seeks amendments | | JK Police Bill-2013 | | Syed Junaid Hashmi
Early Times Report
JAMMU, Nov 13: Believe it or not but Jammu and Kashmir government is befooling commoners since it is yet to drop the Jammu and Kashmir Police Bill-2013 from the website of Ministry of Home despite having approached Supreme Court (SC) seeking suspension of several important directions with regard to reforms in the police department.
Since Jammu and Kashmir Police Bill-2013 was first step towards large scale reforms in the police department, it makes no sense to keep the bill on the website of the Home Ministry when the state government has filed an application and sought suspension of directives of Supreme Court (SC). The home ministry needs to explain as to what compelled to put up the bill on its website if it was not ready to implement the reforms and had approached Supreme Court against the same.
It is not known whether state's aim was to save its skin from penalization by the Supreme Court (SC) or it was purely a time buying exercise. If the previous NC-led government took first step towards making fool of the commoners, PDP-led government has asked its lawyers in the Supreme Court to ensure state gets relief. This is despite the fact that several retired as well as serving police officers have repeatedly called for de-politicizing the police.
But Jammu and Kashmir seems to be in no mood to relent. According to a report of the NITI Ayog, J&K was supposed to come up with State Security Commission (SSC) but it has approached Supreme Court seeking suspension of the implementation of this direction. Jammu and Kashmir has cited security concerns for not being able to implement this direction but without explaining how it would derail the security of the state.
According to the Supreme Court (SC) directions, the Commission was to be headed by Chief Minister or Home Minister alongwith Leader of the Opposition and DGP as its ex-officio Secretary. With regard to other members, Court had directed that they be chosen "in such a manner that it is able to function independent of government control". What to talk of SSC, J&K is yet to even issue an order with regard to the selection and tenure of the DGP.
Supreme Court (SC) had ordered to ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years. It had said that the DGP must be selected from amongst the three senior-most officers empanelled by the Union Public Service Commission (UPSC) for the post. The selection will be made on the basis of the candidate's: (i) length of service, (ii) service record, and (iii) range of experience.
Once recommended on the basis of transparent objective criteria the Chief Minister can choose from amongst the best of the candidates. This way the chosen DGP is assumed to enjoy the trust of the political executive, the police service and the public. Similar is the case with other officers who too do not have fixed tenure and are chosen arbitrarily.
Supreme Court directions provide for a minimum tenure of two years for the Inspector General of Police (in charge of a Zone), the Deputy Inspector General of Police (in charge of a Range), the Superintendent of Police (in charge of a District) and the Station House Officer (in charge of a Police Station). SC had said that this ensures security of tenure for police officers on operational duties in the field, allows them withstand undue political interference.
State government has urged the Supreme Court to suspend the direction for the implementation of the direction for separating Investigation from Law and Order while telling the court through an affidavit that crime detection cells have been established in allpolice stations within municipal limits of Srinagar and Jammu only. However, the spirit of the Supreme Court directive on this issue has neither been adhered to nor respected.
Neither the police establishment board nor the police complaint authority has been constituted. A diluted form of both the board and the PCA does exist but with virtually no powers as have been demanded by the Supreme Court (SC). NITI Ayog has explicitly stated that Jammu and Kashmir Police
Bill-2013 was drafted and made available for public feedback in February 2013 but thereafter, no exercise was ever done to ensure that the bill becomes a reality. Whatever the reasons but the fate that the Jammu and Kashmir Police Bill-2013 met explains in-depth how reluctant is political executive when it comes to decentralizing the powers enjoyed by it.
It needs to be mentioned here that nine years ago, the Supreme Court (SC) had attempted to do just that, albeit by taking police out of the political control of all governments. On September 22, 2006, the apex court passed an order in the case of Prakash Singh vs Union of India directing all states, Union territories and the Centre to bring in police reforms. In a detailed order, which gave directions on how this was to be done, SC said its order must be followed until all states and the Centre pass new Police Acts incorporating the court's guidelines.
The new Police Acts were ordered with an aim to bring police forces in tune with the times and make them people-centric rather than ruler-centric. India still follows the Police Act, 1861, framed by the British, largely with an aim to crush dissent. Act was a reaction to the sepoy uprising of 1857. |
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