Neeraj Rohmetra
JAMMU, Oct 11: Police Reforms Act (PRA), which had been hanging fire for the past more than three years is at finalization stage and is likely to be introduced in the forthcoming budget Assembly session in winter capital.
This was stated by Minister of State for Home, Nasir Aslam Wani while talking to EXCELSIOR. “The final draft of the Act is almost ready and soon it shall be put in public domain for inviting their suggestions”, said the Minister.
Mr Wani further added that after incorporating suitable suggestions the law would be presented before the Cabinet. “The Government has been contemplating to table the legislation in the next Assembly session, being held in the winter capital”, he added.
“The Home Department had worked out the broad contours of the Act in consultation with Law Department. The Minister for Home had also held series of meetings with the top officials of his Department on the subject”, said official sources.
“Now, the Home Ministry shall only need to take the official approval of the Chief Minister before putting the Act in public domain and this is likely to happen soon after shifting of durbar to Jammu. The objective to have a people-friendly law in the State and the draft shall also be put on the official website of Home Department”, sources said.
Sources stated that earlier several police officials had expressed serious concerns over the previous format of the draft legislation. “In view of the objections by the police officials, some provisions of the previous format of the Act have been amended”, sources asserted.
Elaborating further, sources added, “the State officials held several consultations with legal luminaries and police experts besides studying the present format of the Police Act in various States of the country. It is an attempt to have the most appropriate legislation while maintaining the spirit of the Model Police Act, which had been promulgated by the Union Ministry of Home Affairs”.
The draft Act has been prepared after studying models of various States including metro cities. The officials of Home Department had toured various States to study the model of Police Commissioner system and other reforms in the Police Act and recommend the best possible draft for the State.
The Supreme Court in the year 2007 had passed a verdict making it mandatory for the States and Union Territories to comply with at least seven of it’s directives aimed to kick-start the process of Police reforms across the country. “The Home Department had approached various States, which have already enacted the laws as per the guidelines of the Apex Court. The provisions of some States have been included to make it a comprehensive legislations”, sources said.
The main feature of the Police Reforms Act included switching over to the Police Commissioner system in two capital cities of the State — Jammu and Srinagar, which have crossed the population of 10 lakh each as per the latest census, a major requirement for appointment of the Police Commissioners with Magisterial and all other powers. In addition, the Act proposed setting up of a State Security Commission, an Establishment Board and fixed tenure of posting for police officials.
While some cities in the country had Commissioners of the rank of Inspector General of Police (IGP), there were others where their rank was that of DIG or even SSP.
The Government wanted to be sure about the success of the news system before taking a decision on the rank of police officers to be appointed as Commissioners. “This was the prime reason that the Home Department went for a detailed study of the Commissioner system of various States before taking a decision on its own for Jammu and Srinagar cities and incorporating it in the Police Reforms Act”, sources said.
The directive pertaining to constitute State Security Commission (SSC) lays down policy guidelines and is aimed to ensure that Government doesn’t ‘influence’ the functioning of the Police Department.
Another directive pertaining to appointment of Director General of Police (DGP) stated that the appointment be based on merit in a transparent manner while suggesting that it should have a minimum tenure of two years. There is also provision for separation of the law and order and investigation functions of the police.
The constitution of Police Establishment Board is aimed at deciding, posting, promotions and other services related matters of the police officers of and below the rank of Deputy Superintendent of Police and make recommendations on posting and transfers above the rank of DySP.
Another directive calls for setting up of a Police Complaints Authority (PCA) at the State level to inquire into public complaints against police officers of and above the rank of DySP in cases of serious misconduct and at district level to inquire into police grievances against police personnel below DySP rank in cases of serious misconduct.
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