Excelsior Correspondent
Srinagar, Apr 27: The State High Court, in a suo moto cognizance with regard to modernization, reformation and progression of the police force in the State, issued notice to Union as well as State Governments and sought response from them on these issues.
The Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan on the directions of Supreme Court took cognizance of the matter and in the first instance impleaded Ministry of Home Affairs through its Secretary and Chief Secretary of the State as party respondents and sought response from them within six weeks.
Supreme Court on March 11 while disposing of a writ petition titled Manish Kumar versus Union of India and others said the issue and problems involved in the matter are State specific and can be appropriately dealt with by the respective High Courts.
The Supreme Court after having considered the matter, said the records pertaining to each of the States including affidavits and other material be sent by the Registry of the concerned High Courts with a request to the Chief Justice of the High Court to entertain the matter on the Judicial Side as suo moto Public Interest Litigation and monitor the prayers made from time to time.
The petitioner before the Supreme Court has prayed that to all the States and Union Territories to constitute Police Commission to deal with allegation of police action, redressal of grievances of police and to make recommendations for the welfare of police force.
Other prayer which the Supreme Court directed to be monitored by the High Court is to formulate and implement the guidelines for prevention and control of violent mass agitations and destruction of life and property, in terms of the guidelines suggested by the Apex Court in 2009.
“Directions to the States and Union Territories to fill up the vacant posts in the Police and State Armed forces so that the police forces does not remain overburdened”, petitioner Manish Kumar prayed before the Supreme Court.
He had further sought directions to all the States and Union Territories to provide for periodic training and up-gradation of police force and to fix the working 2 hours for the police personnel.
“Direction be issued to the Union of India to prescribe guidelines for the media reporting of the violent mass agitation and police action for prevention and control thereof”, petitioner prays.
It is further said that an order or direction is issued for restraining the States from drawing a presumption against the action of police acting under the Constitutional and statutory obligations
Supreme court while closing the said petition and sending the same to all States and Union Territories for monitoring these issues recorded that the material on record and the orders passed by the Court (Supreme Court) from time to time it appears that one of the Central issues canvassed till date is the filling up of the large number of vacancies in the different posts in the police forces in the States.
“In this regard detailed affidavits have been filed by a large number of States. In view of the factual matrix at some point of time it was in the contemplation of the Court that the matter be sent to High Court(s) for effective monitoring instead of this Court continuing with the present writ petition”, read the Supreme Court direction.
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