Govt to work for consensus over various provisions of the Bill

Neeraj Rohmetra
Jammu, May 1: After the expiry of deadline set by Home Department for obtaining feedback from cross sections of society regarding the Draft Jammu and Kashmir Police Bill, 2013 yesterday; the State Government has initiated the process for evolving consensus over various provisions of the Bill.
Reliable sources said, “despite lapse of nearly three months, the Home Department had received not much response from the people and only few suggestions had come forward from the public in general”.
The Draft Jammu and Kashmir Bill, 2013 was  put in public domain for inviting comments from cross sections of society — general public, social organisaitons, NGOs, academicians and other stake holders on February 15 this year for a period of 15 days initially. “Since, controversy had engulfed the proposed legislation ever since it was made public; the deadline for feedback was extended to March 31. Though Legislature was in session, subsequently, the Government decided to extend the deadline further up to April 30 in view of concerns expressed by various sections of civil society”.
“Based on the response obtained from people, the State Government would now initiate efforts to evolve consensus over various provisions of the Draft legislation”, sources asserted.
Confirming this to EXCELSIOR Principal Secretary Home, Suresh Kumar said, “the department would hold interactions at different levels with members of civil society and try to evolve a consensus over various provisions of the proposed Police Bill”.
“Only after consensus is evolved over the Bill, the stage will come for its introduction in the Legislature”, he added.
The State Government has also constituted a five-member Committee to widen the discussion and debate around the controversial Draft Police Bill after it drew concerns and sharp reactions different sections of civil society.
“Headed by Minister of State for Home, the Committee comprised Principal Secretary Home, Director General of Police besides Divisional Commissions and IGPs of Srinagar and Jammu. The Committee has been mandated to hold fresh meetings with civil society groups to all fears pertaining to various provisions of the Bill”, sources informed.
It is pertinent to mention that the Bill has come into existence in accordance with the directions of the Supreme Court to bring reforms in the police set up throughout India.
With lapse of one more Legislature session, the much awaited Police Reforms Bill would have to wait for another five months as next session of Legislature would be held in September or October in the summer capital.
The Bill proposed 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, States have 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 members of 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 person 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 would 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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