Manipur police – It's already late for reformation
- Part 3 -

Soubam Nongpoknganba Meitei *

Manipur Police Raising Day Parade at 1st Bn Manipur Rifles Parade ground on 19th October 2011 :: Pix - Bullu Raj

The police officers have to perform these five or six duties to prevent or detect crimes. However the concept of crime at the inception of the said Act and the society itself had undergone tremendous changes after a lapse of more than one and half century. At that time, legally crime were basically considered as the revolt by Indians against the British yoke and prevention of crime was meant basically to protect the regime of that time. In fact when the Indian Police which was known as Indian (Imperial) Police was established, the British Masters copied not the British Constabulary which was a People Protector Police but the Irish Constabulary which was a Regime Protector Police and from that time till date, lots of pages in the history book has been opened and closed and yet our police force is still stuck in the middle of 19th century.

The need for reform of police and fundamentally the laws governing them has therefore been long felt and well discussed and several commissions and committees towards this end have been constituted but reports and recommendations submitted by such commissions and committees have only gathered dust without any action thereon in Government shelves and the country continues to reel under the avoidable burden of this British legacy called Indian Police Act and as for Manipur, the situation is worse in as much as even a streak of thought for bettering the police system have not crossed the minds of successive governments.

Even the neighboring state of Mizoram has framed the Mizoram Police Manual in its effort to ameliorate the police system though still far from framing a new Act for itself but Manipur still continues to rely on the Assam Police Manual which was adoptedin the state way back in the year1974. It is a very well established jurisprudence that law is and has to be dynamic and has to transform to suit the changing environment.

But as for our state, we adopted the Assam Police Manual and still we go with it despite the undeniable and ostensible fact that too much water has flown down the riverand we, the public more unfortunately remains indifferent to this intentional lethargy of the Government in making police a better police though all throughout crying and wailing that my, mine and me has been wronged and tortured by the police. And it is in the face of such inaction on the part of the Government that the direction of the Honourable Supreme Court of India as given out in the case of Prakash Singh and others Vs Union of India decided on 22nd September 2006in respect to police reformation has become all the more necessary for police reformation in the state as these are directions by the highest court of the country which can move the unmoved to all the states of the country including Manipur.

The said directions which numbers to seven in all was given in a public interest litigation case filed by two retired DGPs namely Prakash Singh and N.K. Singh and during the pendency of the said case, the very deception of the Government has become quite ostensible. The case was filed in the year 1996 and in 1998 the Ribeiro Committee was constituted by the Government on direction by the Court and it submittedits reports in 1999 but the same was not acted upon.

Again the Padmanabhaiah Committee was constituted in the year 2000 which submitted its report in same year. Thereafter eventually in the year 2005, the Government of India constituted the Police Act Drafting Committee popularly known as the Soli Sorabjee Committee and it drafted a new model police bill to replace thecolonial 1861 Police Act. But the government instead of acting on these recommendations / model bill, didnothing concrete and finally after ten years of pendency of the case, the Court gave its final verdict in the year 2006 requiring immediate implementation of its directives by the states either through executive orders or through legislations.

The Court in these directives which totals to seven in number has incorporated all the better part of the recommendations and suggestions made by the various commissions/ committees which have been constituted towards police reformation including the National Police Commission (1979) which was the first such commission constituted to recommend on police reformation.

The Court while issuing the said directives has made certain remarks which are indicative of the lethargic behaviour of the successive governments in the matter of police reforms. The Court has stated that "having regard to (i) the gravity of the problem; (ii) the urgent need for preservation and strengthening of Rule of Law; (iii) pendency of even this petition for last over ten years; (iv) the fact that various Commissions and Committees have made recommendations on similar lines for introducing reforms in the police set-up in the country; and (v) total uncertainty as to when police reforms would be introduced, we think that there cannot be any further wait, and the stage has come for issue of appropriate directions for immediate compliance so as to be operative till such time a new model Police Act is prepared by the Central Government and/or the State Governments pass the requisite legislations.

It may further be noted that the quality of Criminal Justice System in the country, to a large extent, depends upon the working of the police force.Thus, having regard to the larger public interest, it is absolutely necessary to issue the requisite directions." And thereafter the court issued the following directions :

1. State Security Commission: The State Governments are directed to constitute a State Security Commission 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 shall be headed by the Chief Minister or Home Minister as Chairman and have the DGP of the State as its ex-officio Secretary.

The other members of the Commission shall be chosen in such a manner that it is able to function independent of Government control. For this purpose, the State may choose any of the models recommended by the National Human Rights Commission, the Ribeiro Committee or the Sorabjee Committee (……). The recommendations of this Commission shall be binding on the State Government.

The functions of the State Security Commission 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.

(2) Selection and Minimum Tenure of DGP: The Director General of Police 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 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 State Security Commission 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.

(3) Minimum Tenure of I.G. of Police & other officers: Police Officers on operational duties in the field like the Inspector General of Police in-charge of Zone, Deputy Inspector General of Police in-charge of Range, Superintendent of Police in-charge of District and Station House Officer 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.

(4) Separation of Investigation: 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.

(5) Police Establishment Board: There shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Super-intendent of Police.

The Establishment Board 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 Board shall also be authorized to make appropriate recommendations to the State Gov-ernment regarding the posting and transfers of officers of and above the rank of Superintendent of Police, 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 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.

To be continued...