27th April 2017, Editorial

GS II: Separation of Powers between various organs

GS IV: Probity in governance

Politics And The Police

The SC verdict reinstating a DGP limits the political executive’s discretion in transfers.

polce

Background:

Former Kerala State Police Chief , T.P. Senkumar was ousted out of his post after the Puttingal fireworks tragedy and Perumbavoor murder-rape case in 2016. State’s contention was that the Chief Minister as an elected leader could gauge the lack of public confidence in Mr. Senkumar. The Left led State govt filed an affidavit stating that:

“Section 97(2)(e) of the Kerala Police Act of 2011 contemplates that a DGP can be removed on the prima facie satisfaction of the State government that there is serious dissatisfaction in the general public about the efficiency of the police.”

SC Judgement:

  • Referring to the affidavit, such “prima facie satisfaction” was the subjective satisfaction of the government and not open to judicial scrutiny.
  • “no guilt or lapse has been directly attributed to Mr. Senkumar either for the Puttingal Temple tragedy or the Jisha murder case”.
  • “The removal or displacement or transfer out of an officer from a sensitive tenure post requires serious consideration and good reasons. Unfortunately, the somewhat exacting standards are absent in the present case and the appellant was displaced from the post of State Police Chief summarily and without reasonable cause.”
  • “If the appellant (Senkumar) failed to take any action against the errant police officers, the entire official machinery starting from the Chief Minister down to the Chief Secretary and the Additional Chief Secretary are equally to blame.”

 

  • The court observed that the police force should be insulated from political encroachment into their hierarchy.
  • The commitment, devotion and accountability of the police had to be only to the rule of law and not persons.
  • The rule of law should not become a casualty to the whims and fancies of the political executive.
  • SC ordered the re-instatement of the officer and has ordered the state to let him complete the remaining tenure left.

Basis of the judgement: Prakash Singh v/s Union of India

Directives Issued:

  1. Constitute a State Security Commission (SSC) to:
    (i) Ensure that the state government does not exercise unwarranted influence or pressure on the police;
    (ii) Lay down broad policy guideline and;
    (iii) Evaluate the performance of the state police.
    The creation of a State Security Commission comprising of
         1.1 the responsible minister,
         1.2 the leader of the opposition,
         1.3 other elected representatives, experts, and credible members of civil society.
    will ensure bipartisanship and shield policing from changes in political power by keeping policies more or less constant.
    The commonly used parameters for assessing performance on the basis of increase or decrease in crime statistics are inadequate. This means of measuring performance has led to the practice of refusing to register cases and disguising statistics. The committee will set up pre-defined parameters to address this issue.
  2. Ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years.The DGP must be selected from amongst the three senior-most officers empanelled by the Union Public Service Commission (UPSC) for the post.
    The selection will be made on the basis of the candidate’s:
    (i) length of service,
    (ii) service record, and
    (iii) range of experience.
    Once recommended on the basis of transparent objective criteria the Chief Minister canchoose from amongst the best of the candidates. This way the chosen DGP is assumed to enjoy the trust of the political executive,the police service and the public.
  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) are also provided a minimum tenure of two years.
  4. Separate the investigation and law and order functions of the police.
  5. Set up a Police Establishment Board (PEB) to
    5.1 decide transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and
    5.2 make recommendations on postings and transfers above the rank of Deputy Superintendent of Police.
  6. Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody and at district levels to inquire into public complaints against the police personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct.
  7. Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of Chiefs of the Central Police Organisations (CPO) with a minimum tenure of two years.
Image Source: The Indian Express

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