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Status of Compliance with the Supreme Court's Directives On Status of Compliance with the Supreme Court’s Directives on Police Reform in the Prakash Singh and Ors. vs. Union of India and Ors. as on March 2018 Compiled by Commonwealth Human Rights Initiative COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 Table of Contents No Content Page No. Part I: States with New Police Acts 1 Assam 1 2 Bihar 4 3 Chhattisgarh 7 4 Gujarat 9 5 Haryana 12 6 Himachal Pradesh 16 7 Karnataka 19 8 Kerala 22 9 Maharashtra 24 10 Meghalaya 27 11 Mizoram 30 12 Punjab 32 13 Rajasthan 35 14 Sikkim 38 15 Tamil Nadu 40 16 Tripura 43 17 Uttarakhand 46 COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 Compliance parameters This chart reviews the compliance of state and the Central governments with the Supreme Court’s directives on police reform of 2006. States have either enacted government orders or passed new Police Acts. This chart examines Police Acts passed by states post 2006. The chart assesses compliance against select components of each directive that are crucial for their effective implementation. Please note that the state of compliance keeps changing. The needed policy/legal documents are often not available in the public domain and can be difficult to access. CHRI endeavours to update the information on compliance towards maximum accuracy to the extent possible. Components for each directive are as follows: Directive 1: State Security Commission 1. Provides for the establishment of the State Security Commission 2. Includes the Leader of the Opposition 3. Includes independent members and provides for an independent panel for their selection 4. Recommendations are made binding on the state/central governments 5. Requires submission of an Annual Report Directive 2: Tenure and Selection of the Director General of Police (DGP) 1. Specifies shortlisting by the Union Public Service Commission 2. Provides minimum tenure of two years irrespective of superannuation 3. Specifies grounds for premature removal that are clear and limited to the four conditions laid down by the Court COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 Directive 3: Tenure of Other Officers 1. Provides minimum tenure of two years for other officers including the Inspector General of Police (in charge of a zone), the Deputy Inspector General (in charge of a range), Superintendent of Police (in charge of a district) and the Station House Officer (in charge of a police station). 2. Specifies grounds for premature removal that are clear and limited to the conditions laid down by the Court Directive 4: Separation of Investigation and Law and Order 1. Provides for complete separation of police investigation from law and order while providing for coordination between the wings Directive 5: Police Establishment Board (PEB) 1. Composition of the PEB is restricted to the DGP and four senior police officers 2. Mandate of the PEB is as per the Court’s scheme: a. Power to decide transfer and postings for DSP rank and below b. Recommend transfer and postings for SP rank and above 3. Authorized to function as an appeal forum 4. Authorized to review the general functioning of the police Directive 6: Police Complaints Authorities 1. Provides for the establishment of a State Police Complaint Authority 2. Provides for the establishment of District Police Complaints Authorities 3. Provides for a retired High Court judge as chairperson of the SPCA and retired District Court judge as chairperson of the DPCAs. 4. Provides for independent members and specifies their selection through an independent panel 5. Recommendations are made binding on the government 6. Provides for a pool of independent investigators COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 1 Status of Compliance with the Supreme Court’s Directives on Police Reform in the Prakash Singh case (as on March 2018) States which have passed Police Acts State Security Selection & Tenure Tenure of other Separation of Police Establishment Police Complaints Police Act Commission of DGP Officers Investigation from Board Authorities (Directive 1) (Directive 2) (Directive 3) Law & Order Directive 5) (Directive 6) (Directive 4) 1. Assam 1) Establishment of State Provided under 1) Provision: Provided under 1) Established Assam Police Provided under Security Commission: [Section 12(3)], [Sections 44 and 45] PCA at State Act, 2007 - in [Section 6], but: Section 11: every The Act [Sections 34 & but: Level: force from 1) Shortlisting by police station to have 1) Composition 35] provides for a Established at 18.09.07 the Union 1) Minimum a crime investigation DGP as Commission. both state and Public Service Tenure: unit. chairperson and State Govt. district levels 2) Inclusion of Leader of Commission: Tenure of two other senior has said that, Section 55: all [Sections 70, 72, Opposition: Leader of Selection to be only one year officers not below in the light of metropolitan police 78 & 84] the Opposition not for the SP in the rank of observations made from stations with up to, or included. charge of Inspector General 2) Established made by the amongst 5 senior more than, 10 lakh district and of Police within PCA at District Thomas 3) Inclusion of most officers population to have a officer in the police Level: Committee, it independent members (not special crime charge of the organization of Established at has decided to and independent three).Empanel investigation unit for police station. the State as both state and revisit the selection panel: One ment for the post organized, economic members. district levels Assam Police independent member to be done by 2) Grounds for and heinous crimes; [Sections 70, 72, Act to make it to be appointed. No State Security removal: and special 2) Mandate 78 & 84] conform to the independent selection Commission, not District SPs investigation cells to a. DSP and below directions of panel to select non- UPSC [CHRI can be be set up in district 3) Chairperson: A ranks: Does not the Supreme official “independent” accepts this as transferred headquarters for retired High provide the power to Court. No members. compliance]. before tenure serious crimes. Court Judge, decide transfers, further 2) Tenure: No “to meet any who shall be the Section 62: Specialised postings, promotions, information mention of contingency”, chairperson of investigation units for etc. Authorised to known. minimum liable to the Commission cyber crime, recommend transfers COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 2 State Security Selection & Tenure Tenure of other Separation of Police Establishment Police Complaints Police Act Commission of DGP Officers Investigation from Board Authorities (Directive 1) (Directive 2) (Directive 3) Law & Order Directive 5) (Directive 6) (Directive 4) 4) Binding tenure. misuse. organized crime, of personnel up to the 4) Independent Recommendations: homicide cases and rank of Sub-Inspector. Members and 3) Grounds for No mention of economic offences as their selection: removal: b. Above DSP rank: whether Commission’s notified by the state One Includes a Not authorized to recommendations are government to be set independent proviso giving recommend transfers, binding. up in state CID. member the state promotions and appointed to the 5) Annual Report: No government the postings of ranks PCA. No mention of duty to discretion to above DSP. independent draft an annual report transfer the DGP 3) Appeal Forum panel for to be tabled in the State prematurely “in No mention of selection of legislature. public interest” board functioning or “as may be members. No as a forum of deemed shortlisting for appeal. appropriate to selection of 4) Not to review the meet any Chair. functioning of contingency.” 5) Binding police. No mention of Recommendatio requirement to ns: Under consult the SSC Section 82 of the to remove the Act, the DGP commission can prematurely. initiate departmental action based on such findings duly forwarding the evidence collected by it to the Police such COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 3 State Security Selection & Tenure Tenure of other Separation of Police Establishment Police Complaints Police Act Commission of DGP Officers Investigation from Board Authorities (Directive 1) (Directive 2) (Directive 3) Law & Order Directive 5) (Directive 6) (Directive 4) directions of the Commission shall be binding. 6) Independent investigators: No mention regarding the provision of independent investigators. COMMONWEALTH HUMAN RIGHTS INITIATIVE MARCH 2018 4 State Security Selection & Tenure Tenure of other Separation of Police Establishment Police Complaints Police Act Commission of DGP Officers Investigation from Board Authorities (Directive 1) (Directive 2) (Directive 3) Law & Order Directive 5) (Directive 6) (Directive 4) 2. Bihar 1) Minimum 1) Established Bihar Police 1) Establishment of State 1) Shortlisting by The Act [Section 10] Tenure: PCA at State Act 2007 was Security Commission: Union Public 1) Provision:: The provides for the Section 10 Level: There is passed. The Act [Section 23] Service Act [Section 36] creation of internal provides no provision for provides for setting up Commission: provides for the Transfer Committees for a a State-level State has a State Police Board, For the selection constitution of for intra-district, minimum Complaints defiantly “within six months of of DGP, the Act special intra-range and intra- tenure of Authority. recorded that the Act coming into [Section 6] investigation zonal transfers. Not two years 2) Established Courts have force”. prescribes units in “crime exact to the Court’s for SHOs PCA at District not been shortlisting by “a infested areas” for scheme but compliant 2) Inclusion of Leader of and SPs. Level: The Act conferred with Committee investigation of with the principle Opposition: No . Section 30 [Section 59] powers to constituted economic and behind the directive. provides a provides for the make policy 3) Inclusion of under a rule of heinous offences. tenure 1) Composition The constitution of a decisions. independent members the All India “normally 2) The tenure of the internal transfer “District and independent Service Act ” of 2 years officers posted in committee Accountability selection panel: No.
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