Sanjeev Pargal
JAMMU, Dec 2: Much awaited Police Reforms Bill, which has been implemented by many States and the exercise for whose implementation was set into motion in Jammu and Kashmir extensively early this year, has become the victim of politics and wouldn’t apply in the State at least for one more year when Lok Sabha and Assembly elections were due.
Official sources told the Excelsior that the Government has decided not to introduce the Bill in the Legislature in one or two sessions of the present Assembly left before the Assembly elections in the State. Objections to few provisions of the bill by some organisations, mainly in the Kashmir Valley, have been attributed as major reason for deferring the reforms in police indefinitely.
They said even after a number of months after the bill was subjected to public scrutiny by the Home Department for inviting suggestions and objections, fate of the bill hanged in balance but sources confirmed that the Government has decided not to take any chance ahead of Lok Sabha and Assembly elections next year and play safe by deferring introduction of the Bill in the Legislature.
“The Government might have deleted some of the so-called controversial provisions of the draft bill and introduced it in the Legislature during Assembly session here in February-March but in view of opposition of some provisions of the proposed legislation by the civil society and other sections of people in the Valley, it has decided to keep the Model Police Act in abeyance in view of Parliament and Assembly elections next year,’’ sources said.
This way, they added, major and revolutionary police reforms, which have already been implemented by many States, would remain a dream in Jammu and Kashmir at least for one more year.
The State Government had put the bill on its website on February 15 this year and invited suggestions and objections for one month. As Assembly session was in progress by then, the Government had extended the timing for suggestions to avoid introduction of the bill till April 1.
It was after a long wait that the draft of Model Police Act was put on the Government website in February. “The Government might have deleted some of the so-called controversial provisions of the draft bill and introduced it in the Assembly but in view of opposition to the bill by civil society, separatists and some other organisations, the Home Department had decided not to aggravate the issue and keep the bill in abeyance waiting for the return of opportune time for its passage,’’ sources said.
However, they added, that some non-controversial provisions of the Model Police Act have already been implemented as they were necessary for functioning of the Police Department and moreover they didn’t concern the public.
The bill contained several significant reforms in the Police Department including Commissioner system for twin capital cities of Jammu and Srinagar, setting up of Police Establishment Board, transfer policy for all ranks, fixed tenure for senior police officers and setting up of State Security Commission etc.
The proposed draft bill had its origins in the Supreme Court’s 2006 verdict on a PIL filed by two former Directors-General of Police. To comply with the Supreme Court’s order, the States had prepared new legislation. A template provided by the Model Police Act of 2006, drafted by a panel led by noted jurist Soli Sorabjee, formed the basis of police reforms in States.
The proposed legislation of the State had largely followed the Model Police Act as well as the Kerala Police Act of 2011, sources said.
The provisions, which were being objected by the civil society, separatists and few political parties in the Kashmir Valley, included creation of Special Security Zones, arming the Village Defence Committee members of prescribed specifications, treating police officials always on duty, vesting of magisterial powers with the police itself instead of a civilian magistrate, no criteria for appointment of Special Police Officers and jailing a persons for wrong parking, cleaning furniture at a public place, urinating on the roadside, not caring for pets, overtaking and breaking a queue for essential supplies.
The State Security Commission proposed in the draft bill would, among other things, frame guidelines for the functioning of the police service and monitor its performance. To ensure checks and balances in its functioning, the Model Act and the Kerala Act include the Leader of the Opposition as a member. The State draft bill has omitted this provision.
Furthermore, while the Model Act proposed that a State’s Home Minister lead the Commission, the J&K bill proposed not only that the Chief Minister would act as Chairperson but also that the Home Minister or MoS Home would be included as a member.
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