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

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

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

Police ReformsPolice Reforms

Supreme Court DirectionsSupreme Court Directionsby

Prakash Singhformerly Director General BSF, DGP Assam and DGP UP

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

Supreme Court DirectionsSupreme Court Directions

ObjectiveObjective

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

Page 3: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

State Security CommissionState Security Commission

1. National Human Rights Commission

2. Ribeiro Committee

3. Sorabjee Committee

Any model recommended by the following could be chosen:

Page 4: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

State Security Commission State Security Commission NHRC Model NHRC Model

1. CM/HM as Chairman2. Leader of Opposition3. Lok Ayukta or a retired Judge of High Court to

be nominated by CJ or Member, State Human Rights Commission.

4. A sitting or retired Judge nominated by Chief Justice of High Court.

5. Chief Secretary 6. DGP as ex-officio Secretary

Page 5: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

State Security Commission State Security Commission Ribeiro Committee Model 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

Page 6: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

State Security Commission State Security Commission Sorabjee Committee Model 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

Page 7: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Functions of State Security Functions of State Security CommissionCommission

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.

Page 8: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Police Establishment BoardPolice Establishment Board

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.

Members: DGP and four other senior officers of Department

Page 9: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

AccountabilityAccountability

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.

Page 10: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

AccountabilityAccountability

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.

Page 11: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Selection of DGPSelection 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.

Page 12: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Security of TenureSecurity 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

Page 13: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Security of TenureSecurity 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

Page 14: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Separation of Investigation Separation of Investigation from Law & Orderfrom 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

Page 15: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

National Security CommissionNational Security Commission

Members: Union Home Minister Heads of CPOs Security Experts Union Home Secretary as ex-officio

Secretary

Page 16: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

National Security CommissionNational 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

Page 17: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Supreme Court DirectionsSupreme Court Directions

Implementation will have the effect of

Upholding the Rule of Law Insulating police from extraneous pressures Protecting human rights Improving Governance  

Page 18: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

States’ ResponseStates’ Response

Some states have complied Partial compliance by some states States have asked for more time States which have challenged SC directions

  

Page 19: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Impediments Impediments

Political Executive unwilling to shed power Opposition from Bureaucracy

Opposition from within

Page 20: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP

Follow-up ActionFollow-up Action

Mobilise

Public Opinion Media NGOs

Neutralise political opposition Marginalise corrupt/politicised officers

Page 21: Police Reforms Supreme Court Directions by Prakash Singh formerly Director General BSF, DGP Assam and DGP UP