B L Saraf
State Government’s Home Department has publicized Draft Police BILL 2013, inviting comments / suggestions from all stake holders . The Draft has been prepared pursuant to the Supreme Court judgement in Prakash Singh’s case , rendered on 22 , 9 , 2006 .The Bill intends to reform Police functioning in the State to ” provide impartial and efficient Police Service , safe guarding interests of the vulnerable sections of society and responding to the democratic aspirations of citizens .” Ever since the draft was made public reactions , of varied nature , continue to pour in . Unfortunately, as happens in our State , the matter has been subsumed by ubiquitous India , Pakistan , Aazadi and HR discourse , premising appreciation of the proposed Law more on polemics than on the substance . Shrill voices are raised to demonise the Bill . Frankly speaking , the Bill is not what it was desired to be . Though an attempt has been made to improve Police functioning in the State yet there is imminent necessity to have a relook on some of the measures , while as few more need to be added . Some of the apprehensions expressed may not be out of place which should, therefore , be addressed This can be done only through an honest and purposeful debate , certainly not by scuttling it .
Fear , not entirely unfounded , is that the Criminal Justice Delivery System is on the verge of collapse . Disproportionate acquittals in the trial of criminal cases is often set forth as an example . Honest and efficient investigation is the bedrock of proper crime detection and successful prosecution of the offender .In this context , one had hoped the proposed law would make some improvement . Well-meaning people had , therefore , suggested a separate investigation wing of the State police which ,ordinarily , would not be detailed back to the law and order duties .PADC Model Act had made an attempt in this direction by proposing cl ;122 . The Draft Bill has gone through the motions only by proposing a vague and loosely worded provision vide cl ;87 . It has left the matter to the discretion of the DG Police . A serious rethinking is called for in this regard so that situation is brought in tune with the Model Act .Under clauses 100 & 113 Police Complaint Authorities are proposed to be set up at the Centre and district level . But there is no clarity what value their findings would carry to the government and its functionaries to have a follow up action .Or , would they meet same fate which befalls reports of other recommendatory bodies . We do find a clarity of sorts in Kerala Police Act , wherefrom the Bill is substantially sourced . These Authorities must have some teeth .
There is a general complaint that Police treats an arrested person in a most dehumanising manner . A person, even before pronounced guilty , is paraded in fetters like a dreaded criminal . To bring sanity and some amount of humanism in the Police action – post arrest – Supreme Court , in D K Basu v/s State of West Bengal , laid down guidelines to be followed by the Police . Kerala Police Act has incorporated them to a certain degree vide Section 46 . In the Draft Bill such a provision is missing .
In Chapter XII of the Draft Bill, a certain category of offences has been created and punishment provided therefor. In particular, a reference can be had to Clauses 134 and 135. On their plain reading, the ingredients seem to be well covered under Ranbir Penal Code and are likely to come in the proposed Criminal Amendment Law, initiated pursuant to the Justice Verma committee report. What makes situation piquant and violative of the theory of double jeopardy is the combined reading of the Bill and other criminal laws like RPC under whose sweep the act of an accused may come , no matter he is hauled up under Clauses 134 and 135 of the Bill.Next , these clauses would come in serious conflict with the provisions of the Criminal Procedure Code in so far as power to compound the offences have been granted to the District Superintendent of Police under Clause 141 of the Bill. Though an attempt has been made to curtail the powers of District SP when the matter goes to the court after the charge sheet has been filed, yet the situation remains confusing. At what stage is the District SP authorized to compound the case ? Going by the reading of these Clauses he would exercise compounding jurisdiction at the investigating stage. Would it not, then, confer extraordinary powers and jurisdiction to the Police officers to compound even such cases, as are defined in Clauses 134 and 135 , when the Criminal Procedure Court expressly makes them non – compoundable. Apart from that, this provision will grant enormous discretion to the District S .P, prone to be misused under political or some extraneous considerations. The matter must be re-examined.
Some well -meaning activists have raised voice against the Clauses 62 and 63 of the Bill , which, respectively , provide for creation of Village Defence Committees and Special Police Officers . We must remember that these provisions are not J&K specific . They are in the PADC Model Act . No doubt the working of these bodies , in some cases , has left much to be desired ; but that should not detract from the fact that they have in most areas of the State acted as bulwark against the militancy and done a commendable job .
Nevertheless , before making them a permanent feature sensitivities of the populace must be taken into consideration , so that the past unpleasant experience – in some cases – is not repeated . We are living in internally threatened security environment . Therefore , the State has a duty to guard its citizen appropriately .Provision for the purpose is , therefore , inevitable in the new Police Law .
The new Police law can go a long way in curbing the absurd VVIP Culture by making those ” VVIPs ” pay for their Police Security guards who, in the first place, were never entitled to them , or have been long forgotten – if ever they were remembered – by those whom they fear . Let these non-entities pay for flaunting their non – existent social status . Similarly , some of the police jobs, like Passport Verification could be out sourced
The Draft Bill is a foundation on which an efficient , progressive and people friendly Police legislation can be built .However , as indicated hereinabove there are several areas which need amendment . But to plead for its rejection lock , stock and barrel would be throwing the baby out with the bath water . Wisdom says , let the general public dispassionately respond to the government’s move with constructive suggestions !
(The author is former Pr District & Sessions Judge)
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