POLICE REFORMS WATCH
Networking with Commonwealth Human Rights Initiative (CHRI), New Delhi
43, Kalina, Santacruz East, Mumbai - 400 029. l Tel : 98202 26227
Email : [email protected] l www.humanrightsinititiative.org
24/12/14
URGENT PRESS STATEMENT
Re: Pious Statements would not suffice, Hon'ble Chief Minister. Tackle
the bull in this case " Maharashtra Police {Amendment and Continuance Act} 2014
" by the horns as the people of Maharashtra really deserve good policing and
effective police reforms.
Police Reforms Watch, [PRW] and Commonwealth Human Rights’ Initiative
[CHRI] commends the Chief Minister Shri Devendra Fadnavis's statement
expressing his commitment to depoliticising Maharashtra's police force,
especially in the areas of transfers and postings. His promise to empower the
force for carrying out better investigations also infuses hope.
At the same time, there are the following realities which need to be
contended with before the CM can implement his much-vaunted policies :
1. The Maharashtra Police (Amendment and Continuance) Act, enacted in
2014 entrenches all the ills the Supreme Court came down heavily upon in its
judgement on police reforms (Prakash Singh v Union of India [2006]). Instead of
eradicating the numerous maladies plaguing the force, it in fact fortifies
political interference and its overbearing influence on the state's police. For
instance, it divests the Director General of Police of any real and substantial
power in determining appointments, postings and transfers and lets the Chief
Minister and Home Minister have the last word. The extent of harm this has
caused can be gauged from the Home Department's disclosure in October this
year- that the political executive has used "exceptional circumstances" as
reason to sideline the DGP and dictate police transfers in 147 out of 150
cases.
2. The Act does not separate Investigation functions from Law and order.
Apart from running counter to the Supreme Court's directives, it also ensures
that all investigations shall always remain susceptible to pernicious political
interference and control, thereby defeating the ends of justice.
These are only two of the numerous pressing reasons why the new law,
enacted by the previous government in June this year, needs to be overhauled in
its entirety.
PRW and CHRI reminds the Chief Minister of his statement made in the
Assembly on June 13, 2014 when he was an Opposition MLA. Therein, he had
trenchantly criticised the new law, and also said that he had moved a private
member's Bill on police reforms, which was pending in the Assembly at that
time.
It is imperative for the Chief Minister to walk the talk and tackle the
bull - the Maharashtra Police (Amendment and Continuance) Act 2014 - by the
horns and ensure that all its provisions which are aimed at defeating the goal
of good policing, are repealed forthwith.
warm regards,
Dolphy D'souza
Convenor
Cell: 09820226227
www.policereformswatch.org
