Police Reforms

1
Police Reforms Supreme Court Directions by
Prakash Singh formerly Director General BSF, DGP
Assam and DGP UP
2
Supreme Court Directions
Objective

• 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

3
State Security Commission
Any model recommended by the following could be
chosen

• National Human Rights Commission
• Ribeiro Committee
• Sorabjee Committee

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