Neeraj Rohmetra
JAMMU, Apr 8: Notwithstanding the fact that State Government has failed to enact the Jammu and Kashmir Police Act in view of the controversy that has engulfed the draft legislation ever since it was placed in public domain, the administration has made internal arrangement to implement some of the provisions of the Act in view of the directions of Supreme Court in this context.
An official document issued by a top official of the Home Department categorically says, “since the new legislation in tune with the directions of Apex Court is yet to come into existence, the Police Department has made internal arrangements to the possible extent keeping in view the directions of the Court”.
Dwelling further on the internal arrangements made by the Police Department, the document says, “as regards fixing the tenure of DGP, Inspector General of Police (IGP) and other police officials it has been stated that the cadre controlling authority for the Gazetted officers of Police Department in Government is Home Department. However, in respect of Non-Gazetted Officers (NGOs), the transfer policy has been put in place vide order No. 2615 of 2012 dated 21.07.2012”.
“Besides, the Department has constituted Senior Personnel Board and Junior Personnel Board vides Order Nos: 3026 and 3027 of 2012 dated 3.9.2012 respectively to streamline the service prospects both at Gazetted and Non Gazetted level”.
Regarding the separation of investigation from law and order, the document states that since the State has been hit by insurgency and terrorism from across the border and in order to tackle the adverse law and order situation and ill-designs of anti-national elements Police Department, assisted by other security forces has been playing a leading role.
“However, with the available resources, separate crime detection cells have been established in all police stations falling in the Municipal limits of twin cities of Srinagar and Jammu. Once the new legislation is passed, the arrangement would be extended to all districts of the State as the provisions to this effect have been incorporated into the draft Police Act”, says the document.
Commenting on the creation of the Police Establishment Board, it says that the Board stands already constituted by the Police Headquarters, J&K in compliance to the earlier order passed by the Apex Court vide PHQ order No. 434 of 2007 dated 6.2.2007.
As regards constitution of the State Security Commission and Police Complaints Authority, the document says, “it is beyond the purview of the powers vested in Director General of Police. However, provisions to this effect have been incorporated by the Government in the proposed draft Police Act and once the new legislation is enacted, the State Security Commission and Police Complaints Authority would be constituted b the Government”.
Comment on other directions passed by the Supreme Court in the matter of Prakash Singh & Others Vs Union of India & Others, the documents states that it would require administrative orders and thus have to be primarily implemented by the Government in State Home Department”.
“After series of discussions and deliberations, the State Home Department has prepared draft Police Act incorporating provisions covering all the directions issued on the subject by the Apex Court. Home Department has already put the proposed draft legislation in public domain by uploading it on the official website of the State Home Department. After considering the suggestions of public in general the draft would be placed before the State Legislature by the Government”, says the document.
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