If anyone can Kiran Bedi can do it. She has the guts.
Umesh
IHRO <[EMAIL PROTECTED]> wrote:
SC order leaves no option before CMs than to reform the police
by Kiran Bedi
WE as citizens could not have waited for more! And as cops, something, we had
waited for last 30 years or since our Independence in 1947.
The Supreme Court in its judgement of January 11, 2007, reiterated seven
categorical directions which it had delivered on September 22, 2006. The Apex
Court categorically rejected all arguments of modifications or reservations
expressed by very senior counsels, representing the Central or the state
governments, against these directions. Instead, it only gave them time till
March 31 to comply with or face contempt.
Since I was present in the Supreme Court, I heard it for myself.
Let me walk you through the directions so that as citizens of this country we
all know what our respective governments are bound to comply with, and what
must expect.
lSetting up of a State Security Commission (Compliance by March 31): To ensure
that the state governments do not exercise unwarranted influence on the State
Police and for laying down broad guidelines so that State Police always acts
according to the laws of the land. It shall be a watchdog body headed by the
State Chief/Home Ministers, which would have officials, (police and the civil
service), the Leader of Opposition, a senior retired member of the judiciary,
besides other independent members from civil society.
This implies that the Security Commission headed by the Chief Minister or the
Home Minister with the Leader of Opposition, judicial member with Chief
Secretary or the Home Secretary along with the DGP of the state, and the
independent members will address law and order issues collectively.
There will be no scope for politicisation of issues with this system in place.
(See what has happened in the Nithari killings). There will be a commission
which is collectively responsible to plan and implement the rule of law. There
will be no scapegoats but solutions which anticipate, provide for and take
responsibility.
lProvide for selection and tenure of DGP (Compliance within four weeks): The
direction is to select the DGP from amongst three senior most officers of the
department who have been empanelled for promotion to that rank by the Union
Public Service Commission on the basis of their length of service, very good
record and range of experience for heading the police force. Once selected, he
shall have a minimum tenure of two years.
This means that the selection of the head of the police force cannot be
imported from outside the state anymore as used to happen earlier even when
their were officers capable and senior enough to lead from within.
Also with this system only the meritorious and the senior best will be
appointed, without any need for external support or outside influences. This
provides the much required political insulation recommended time after time, by
various Commissions.
lSimilarly, the same selection process has been provided for the IGPs and other
field officers, including the Station House Officers for the same reasons as
for the Chief of Police. Removal will be only for specified reasons of
corruption or incapacitation. By this all the overhauls which used to take
place before or after elections or even with the change of police leadership
will go.
lFormation of a Police Establishment Board (Compliance within four weeks):
Consisting of four senior most officers, to decide all transfers, postings,
promotions, and other service related matters of and below the rank of Deputy
Superintendent of Police and make recommendations of Superintendent and above.
This provision restores leadership and internal accountability to the service,
almost lost by now from the police headquarters in various states and places.
Owing to this, the rank and file was openly known to be cultivating godfathers
outside the system. This dilution had perpetuated a hiatus between the seniors
and the juniors. They hardly met on credible grounds. One avoided the other.
lSeparation of Investigation (Compliance by March 31): To ensure speedier
investigation, better expertise and improved rapport with people. To start
with, the Apex Court said the separation be done in towns and urban areas which
have a population of 10 lakh and above.
This will bring forth the much needed focus and specialisation in the police
investigation which was suffering for want of attention, resources, capacity
and acceptance. This will naturally enhance the conviction rate and expedite
justice.
lConstitution of Police Complaint Authority (Compliance by March 31): To look
into complaints against police officers of and above the rank of Deputy
Superintendents of Police, both at the State level and the District level. Both
headed by members of retired judiciary with a panel of other experts duly
selected.
This direction will severely enhance accountability of the police and truly
empower the people. Outdated methods of interrogations and policing now will
have no place in catching of criminals.
lSetting up of National Security Commission (Compliance within four weeks): To
prepare a panel for selection and placement of Chiefs of Central Police
Organisations, who too once selected will have a fixed tenure of two years. The
commission shall be headed by Union Home Minister and consist of heads of CPOs
and a couple of security experts, with Union Home Secretary as Member Secretary.
(The Central Government had instead constituted a Committee and excluded the
heads of CPOs as members). By this reiteration, it shall have to be corrected.
The impact of this judgement will clearly restore leadership with
responsibility back to Police Headquarters and the field formations which had
got severely diluted, blurred and blanked. It also opens up policing for the
civil society to alongside participate and fulfill its long felt responsibility.
Most of all it now places all under the law equally those in power or
outside. Both will be responsible for good and fair policing. All concerned
have only one choice now. Which is to deliver.
The writer is Director-General, Bureau of Police Research and Development,
Government of India, New Delhi
http://www.tribuneindia.com/2007/20070114/edit.htm#2
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Umesh Sharma
5121 Lackawanna ST
College Park,
(Washington D.C. Metro Region)
MD 20740
1-202-215-4328 [Cell Phone]
Ed.M. - International Education Policy
Harvard Graduate School of Education,
Harvard University,
Class of 2005
weblog: http://jaipurschool.bihu.in/
website: www.gse.harvard.edu/iep
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