NEW DELHI: Successive governments continue to ignore the supreme courts directive to enforce reforms in the countrys police force. The National Police Commission had recommended reforms in 1981 after the Indira Gandhi government planned to delink the police force from political influences.

But, the panels recommendations were never implemented. Dismayed at this, Prakash Singh, a senior IPS officer who retired as BSF DG, moved the Supreme Court in 1996 for implementing the NPCs recommendations. On September 22,1996,a three-judge bench of then chief justice YK Sabharwal, justices CK Thakker and PK Balasubramanyan (all retired now), observed, "We expect that the state governments would give it due consideration and would pass suitable legislations on recommended lines".

The judges said the Centre, state governments or Union Territories should comply with the reforms recommendations "on or before December31,2006". The cabinet secretary and chief secretaries of state governments or Union Territories were directed to file affidavits of compliance by January 3,2007.

Till now about a dozen hearings have taken place and repeated attempts made by many states to carry out the reforms. During the prime ministers annual meet with CMs last year, some states even sought to scrap the judgment through some law as they felt it undermined the Constitutions federal structure.

While several applications seeking review of the judgment have been rejected, a similar plea made by the Centre is awaiting courts indulgence.

The judges reiterated seven recommendations made by the countrys first police commission and directed the Centre and all states to implement them in letter and spirit.

It directed setting up of a state-level security commission to ensure that the government does not exercise unwarranted influence or pressure on the state police and for laying down broad policy guidelines so that the state police always act according to the laws of the land and the Constitution of the country.

This watchdog body should be headed by the chief minister or home minister and include the DGP. The other members would be chosen in a manner that it is able to function independent of government control. Judges said the state may choose any of the models recommended by the NHRC, the Ribeiro Committee or the Soli Sorabjee Committee that had already examined the functioning of the police force and suggested ways for making it functional as needed by the law and people of the country.

The court directed that the DGP be selected from among the three senior-most IPS officers and must have minimum tenure of two years irrespective of date of superannuation. He could be removed in consultation with the state security commission consequent upon any action against him under the service rules or his conviction in a criminal case, corruption or if he is otherwise incapacitated from performing his job.

The court also directed that the minimum tenure of IGs, DIGs, SSPs, SPs Dy SPs and SHOs must be two years.
Source : DNA