Implement Supreme Court directives on police reforms in India

Created on 01-01-2013 and Updated on 05-Jan-2013 at 07:20 AM Indian Standard Time
01) http://www.ipetitions.com/petition/policereforms/ 
02) http://www.thepetitionsite.com/1/implement-supreme-court-directives-on-police-reforms/ 
03)
http://www.change.org/en-IN/petitions/implement-supreme-court-directives-on-police-reforms-in-india 

To: The Hon'ble Supreme Court (SC), High Courts (HCs), Justice Verma Committee, National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), Lokayuktas, President, Prime Minister (PM), Governors (Guvs), Chief Ministers (CMs), Chief Secretaries (CSs), Directors General of Police (DGPs), Additional Director Generals of Police (ADGPs) and Inspector Generals of Police (IGPs).

A condensed/brief/concise/shortened version of the Supreme Court (SC) directives has been included in the very beginning of this petition while/whereas the full / detailed version of the SC directives have been included immediately after the condensed version.

State Security Commission (SSC):
Constitute a State Security Commission (SSC) as a watchdog body with the Chief Minister (CM) as Chairman/Chairperson in every State so that the State police always acts according to the laws of the land and the Constitution of the country. SSC should function independent of Government control. SSC's recommendations shall be binding on the State Government.

For this purpose, the State may choose the model which is as under:
1. Chief Minister (CM) as Chairman/Chairperson.
2. Lok Ayukta or, in his absence, a retired Judge of High Court (HC) to be nominated by Chief Justice (CJ).
3. A sitting or retired Judge nominated by Chief Justice (CJ) of High Court (HC).
4. Chief Secretary (CS)
5. Three/Five independent non-political/apolitical citizens of proven merit and integrity.
6. DGP as ex-officio Secretary or DGP as Secretary.

Selection and minimum tenure of DGP:
The Director General of Police (DGP) of the State shall be selected by the State Government from amongst the three senior-most officers of the Department on the basis of their length of service, very good record and range of experience for heading the police force. Minimum tenure of two years for DGP irrespective of his date of superannuation.

Removal of DGP in consultation with the SSC:
The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the SSC consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.

Minimum Tenure of I.G. of Police & other officers:
Police Officers on operational duties in the field like the Inspector General of Police (IGP) in-charge Zone, Deputy Inspector General of Police (DIG) in-charge Range, Superintendent of Police (SP) in-charge district and Station House Officer (SHO) in-charge of a Police Station shall also have a prescribed minimum tenure of two years.

Removal of IGP, DIG, SP and SHO:
The IGP, DIG, SP and SHO may be removed them prematurely following disciplinary proceedings against them or their conviction in a criminal offence or in a case of corruption or if the incumbent is otherwise incapacitated from discharging his responsibilities. This would be subject to promotion and retirement of the officer.

Separation of Investigation from Law and Order:
The investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. It must, however, be ensured that there is full coordination between the two wings.

Police Establishment Board (PEB):
There shall be a PEB in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police (DySP/ACP). The PEB shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so. The PEB shall also be authorized to make appropriate recommendations to the State Government regarding the posting and transfers of officers of and above the rank of Superintendent of Police (SP), and the Government is expected to give due weight to these recommendations and shall normally accept it. PEB shall also function as a forum of appeal for disposing of representations from officers of the rank of Superintendent of Police (SP) and above regarding their promotion/transfer/disciplinary proceedings or their being subjected to illegal or irregular orders and generally reviewing the functioning of the police in the State.

District Level Police Complaints Authority (DLPCA):
The DLPCA headed by a retired District Judge will/would look into complaints against police officers of and up to the rank of Deputy Superintendent of Police (DySP/ACP). The head of the DLPCA may be chosen out of a panel of names proposed by the Chief Justice (CJ) or a Judge of the High Court (HC) nominated by him. The DLPCA would inquire into allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody. The DLPCA, apart from above cases, may also inquire into allegations of extortion, land/house grabbing or any incident involving serious abuse of authority.

State Level Police Complaints Authority (SLPCA):
SLPCA headed by a retired Judge of the High Court (HC)/Supreme Court (SC) to look into complaints against officers of the rank of Superintendent of Police (SP) and above. The head of the SLPCA shall be chosen by the State Government out of a panel of names proposed by the Chief Justice (CJ). The SLPCA would take cognizance of only allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody.

Choosing full time and remunerated DLPCA and/or SLPCA members
The DLPCA and SLPCA may be assisted by three to five members working full/whole time depending upon the volume of complaints in different States/districts, and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission (SHRC) / Lok Ayukta. The panel may include members from the civil society and would’ve to be suitably remunerated for the services rendered by them.

Regular staff to conduct field inquiries for the DLPCA and SLPCA
The DLPCA/SLPCA may also need the services of regular staff to conduct field inquiries. The DLPCA and/or SLPCA may utilize the services of retired investigators from the CID, Intelligence, Vigilance or any other organization for this purpose.

The recommendations of the DLPCA/SLCA, for any action, departmental or criminal, against a delinquent police officer shall be binding on the concerned authority.
------------------------------------------------------------------------------------------------------------------
Detailed/Full version of the Supreme Court Directives on police reforms begins here

Kindly implement the following Seven/07 directives of the Supreme Court on police reforms:

State Security Commission (SSCs)
(1) The State Governments are directed to constitute a SSC in every State to ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country. This watchdog body (SSC) shall be headed by the Chief Minister (CM) or Home Minister (HM) as Chairman and have the DGP of the State as its ex-officio Secretary. The other members of the SSC shall be chosen in such a manner that it is able to function independent of Government control. For this purpose, the State may choose the model which is as under:
1. Chief Minister (CM) / Home Minister (HM) as Chairman.
2. Lok Ayukta or, in his absence, a retired Judge of High Court (HC) to be nominated by Chief Justice (CJ) or a Member of State Human Rights Commission (SHRC).
3. A sitting or retired Judge nominated by Chief Justice (CJ) of High Court (HC).
4. Chief Secretary (CS)
5. Three/Five independent non-political/apolitical citizens of proven merit and integrity.
6. DGP as ex-officio Secretary or DGP as Secretary.

The recommendations of this SSC shall be binding on the State Government.

The functions of the SSC would include laying down the broad policies and giving directions for the performance of the preventive tasks and service oriented functions of the police, evaluation of the performance of the State police and preparing a report thereon for being placed before the State legislature.

Selection and Minimum Tenure of DGP:
(2) The Director General of Police (DGP) of the State shall be selected by the State Government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force. And, once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation. The DGP may, however, be relieved of his responsibilities by the State Government acting in consultation with the SSC consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.

Minimum Tenure of I.G. of Police & other officers:
(3) Police Officers on operational duties in the field like the Inspector General of Police (IGP) in-charge Zone, Deputy Inspector General of Police (DIG) in-charge Range, Superintendent of Police (SP) in-charge district and Station House Officer (SHO) in-charge of a Police Station shall also have a prescribed minimum tenure of two years unless it is found necessary to remove them prematurely following disciplinary proceedings against them or their conviction in a criminal offence or in a case of corruption or if the incumbent is otherwise incapacitated from discharging his responsibilities. This would be subject to promotion and retirement of the officer.

Separation of Investigation:
(4) The investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. It must, however, be ensured that there is full coordination between the two wings. The separation, to start with, may be effected in towns/urban areas which have a population of ten lakhs or more, and gradually extended to smaller towns/urban areas also.

Police Establishment Board (PEB):
(5) There shall be a Police Establishment Board (PEB) in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police (DySP). The PEB shall be a departmental body comprising the Director General of Police (DGP) and four other senior officers of the Department. The State Government may interfere with decision of the PEB in exceptional cases only after recording its reasons for doing so. The PEB shall also be authorized to make appropriate recommendations to the State Government regarding the posting and transfers of officers of and above the rank of Superintendent of Police (SP), and the Government is expected to give due weight to these recommendations and shall normally accept it. It shall also function as a forum of appeal for disposing of representations from officers of the rank of Superintendent of Police (SP) and above regarding their promotion/transfer/disciplinary proceedings or their being subjected to illegal or irregular orders and generally reviewing the functioning of the police in the State.

Police Complaints Authority (PCA):
(6) There shall be a DLPCA at the district level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police (DySP). Similarly, there should be another PCA at the State level (SLPCA) to look into complaints against officers of the rank of Superintendent of Police (SP) and above. The DLPCA may be headed by a retired District Judge while the SLPCA may be headed by a retired Judge of the High Court (HC) / Supreme Court(SC). The head of the SLPCA shall be chosen by the State Government out of a panel of names proposed by the Chief Justice (CJ); the head of the DLPCA may also be chosen out of a panel of names proposed by the Chief Justice (CJ) or a Judge of the High Court (HC) nominated by him. These Authorities may be assisted by three to five members depending upon the volume of complaints in different States/districts, and they shall be selected by the State Government from a panel prepared by the State Human Rights Commission (SHRC)/Lok Ayukta/State Public Service Commission (SPSC). The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society. They would work whole time for the Authority and would have to be suitably remunerated for the services rendered by them. The Authority may also need the services of regular staff to conduct field inquiries. For this purpose, they may utilize the services of retired investigators from the CID, Intelligence, Vigilance or any other organization. The SLCA would take cognizance of only allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody. The DLCA would, apart from above cases, may also inquire into allegations of extortion, land/house grabbing or any incident involving serious abuse of authority. The recommendations of the Complaints Authority, both at the district and State levels, for any action, departmental or criminal, against a delinquent police officer shall be binding on the concerned authority.

National Security Commission (NSC):
(7) The Central Government shall also set up a National Security Commission (NSC) at the Union level to prepare a panel for being placed before the appropriate Appointing Authority, for selection and placement of Chiefs of the Central Police Organisations (CPOs), who should also be given a minimum tenure of two years. The NSC would also review from time to time measures to upgrade the effectiveness of these forces, improve the service conditions of its personnel, ensure that there is proper coordination between them and that the forces are generally utilized for the purposes they were raised and make recommendations in that behalf. The NSC could be headed by the Union Home Minister and comprise heads of the CPOs and a couple of security experts as members with the Union Home Secretary as its Secretary.

Police Reforms: Too Important to Neglect, Too Urgent to Delay
http://www.humanrightsinitiative.org/programs/aj/police/police.htm 
The existing police systems in most Indian states are a legacy of colonial rule that have been shaped by post-colonial history.
The consequences of poor policing include brutality and torture, extra-judicial executions, a lack of due process, impunity, corruption, bias and discrimination and public fear, anger and resentment.
A democratic police organisation is one that is
accountable to the law and not a law unto itself
is accountable to democratic government structures and the community
is transparent in its activities
gives top operational priority to protecting the safety and rights of individuals and private groups
protects human rights
provides society with professional services
is representative of the community it serves

CHRI 2005 Report: Police Accountability 
"In a democratic society, the police serve to protect, rather than impede, freedoms. The very purpose of the police is to provide a safe, orderly environment in which these freedoms can be exercised. A democratic police force is not concerned with people's beliefs or associates, their movements or conformity to state ideology. It is not even primarily concerned with the enforcement of regulations or bureaucratic regimens. Instead, the police force of a democracy is concerned strictly with the preservation of safe communities and the application of criminal law equally to all people, without fear or favour"
- United Nations International Police Task Force, 1996

Sponsor

Syed Tanveeruddin, Mysore, Karnataka, India This petition was created on 01-01-2013 / 01-January-2013 / Monday, January 01, 2013 and was last updated on 05-January-2013 / Saturday, January 05, 2013 at 07:20 AM Indian Standard Time (IST)

Links

http://www.thepetitionsite.com/1/implement-supreme-court-directives-on-police-reforms/

http://www.change.org/en-IN/petitions/implement-supreme-court-directives-on-police-reforms-in-india

Police Reforms: Too Important to Neglect, Too Urgent to Delay
http://www.humanrightsinitiative.org/programs/aj/police/police.htm

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