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Punjab in
tearing hurry to usher police raj, Rights
group files PIL
WSN Network
NEW YORK/CHANDIGARH: Since 1861, Punjab has been following the
current Police Act. After the British left, India decided to live
with the legacy of the outdated act for some 145 years before the
Supreme Court asked for reforms in this piece of legislation due to
which hundreds rot in police thanas and cops act as enemies of the
citizenry. But what does Punjab do? It actually drafts a Police Act
so draconian that, if implemented, it will turn the state into a
police raj.
Curiously, Punjab's Akali Dal-BJP Government is in such a tearing
hurry that, having lived with the Act for a century and a half, it
does not wish to even delay it by a few weeks and get it through the
Assembly. Instead, it has decided to ram it through by issuing an
Ordinance.
The human rights groups are angry and the people are feeling
helpless. Reacting to the hasty action in issuance of The Panjab
Police Bill Ordinance, in complete contravention of the Supreme
Court of India's directives to the state and the central governments
that there should be systemic police reform and that there should be
no further delay in implementation of these reforms, the
Commonwealth Human Rights Initiative has now filed a Public Interest
Litigation in the court to restrain the state from going ahead on
the issue.
The Panjab Cabinet had decided to get the Ordinance promulgated in
respect to the Panjab Police Bill 2006, as such without implementing
any reforms, on 8th November, 2007. The new bill in fact gives more
powers to the police which is already notorious for its misuse of
power. and defeats the purpose of the Supreme Court's directives.
It is widely accepted that it is untenable to continue to police the
citizens of India under the Police Act of 1861, which was drafted by
the colonial rulers soon after the mutiny in 1857. The Supreme Court
had issued seven directives for the police reform; which included:
1. Constitute a State Security Commission to (i) ensure that the
state government does not exercise unwarranted influence or pressure
on the police, (ii) lay down broad policy guidelines, and (iii)
evaluate the performance of the state police;
2. Ensure that the Director General of Police is appointed through a
merit based, transparent process and enjoys a minimum tenure of two
years;
3. Ensure that other police officers on operational duties
(including Superintendents of Police in-charge of a district and
Station House Officers in-charge of a police station) also have a
minimum tenure of two years;
4. Set up a Police Establishment Board, which will decide all
transfers, postings, promotions and other service related matters of
police officers of and below the rank of Deputy Superintendent of
Police and make recommendations on postings and transfers of
officers above the rank of Deputy Superintendent of Police;
5. Set up a National Security Commission at the union level to
prepare a panel for selection and placement of Chiefs of the Central
Police Organisations (CPO), who should also be given a minimum
tenure of two years;
6. Set up independent Police Complaints Authorities at the state and
district levels to look into public complaints against police
officers in cases of serious misconduct, including custodial death,
grievous hurt or rape in police custody; and
7. Separate the investigation and law and order functions of the
police.
Even during the process of drafting new police legislation there was
complete lack of transparency, community consultation or civil
society input in the process by most states and especially Panjab.
14
November, 2007
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