India | Updated Jun 16, 2007 at 03:54pm IST

SC moves to free cops of politics

New Delhi: The Supreme Court on Thursday set in motion a series of police reforms with a landmark ruling on recruitment and transfer provisons of senior police officials.

The apex court, while dismissing the applications of all the state governments seeking modification of its directions and review of the judgement, categorically directed them to carry out police reforms.

The court also ruled that selection process of all the Directors General of Police under the new norms should start immediately and that the two-year term from SHO to DGP level should be implemented.

The court also directed the state governments to set up a police establishment board with immediate effect.

The Court has given four weeks’ time to all states to implement these or to face contempt proceedings.

As far as issues that involve financial and administrative complications are concerned, the orders should be complied by March 31 2007.

SC has also directed the Union Government to set up a National Security Commission and also include heads of Central Police organiation by March 31.

A Bench comprising Chief Justice Y K Sabharwal, Justices C K Thakker and R V Raveendran dismissed the applications of the states of Andhra Pradesh, Gujarat and Karnataka seeking modifications of the court's directions dated September 22, 2006, holding that the applicant states cannot seek review of the judgment of the court in the garb of modifications of the order.

The court had issued directions on a petition filed by former DGO Uttar Pradesh Parkash Singh for implementing the recommendations of various committees on police reforms.

At one stage, the Chief Justice remarked that the most important cause for deterioration of law and order situation is reluctance on the part of the police to register cases.

Senior Counsel Rajeev Dhawan appearing for state of UP and Bihar pointed out practical difficulties in separating investigation from law and duty.

Giving the example of Nithari he was quoted by news agency UNI as saying, ''It is very difficult to shift the police officer who is investigating the

Nithari case.''

<table width="248" border="0" cellpadding="3" cellspacing="2"> <tr bgcolor="#AE111D"> <td height="20" valign="middle" bgcolor="#DB1524"><div align="center"><strong class="Wtext11">WHAT THE TOP COURT WANTS</strong></div></td> </tr> <tr bgcolor="#e7e7e7"> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Set up a State Security Commission to ensure that state govt does not exercise unwarranted influence or pressure on the police.</td> </tr> <tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />DGP to be selected by state from three seniormost officers empanelled for promotion by UPSC; DGP should have a minimum tenure of two years.</td> </tr> <tr bgcolor="#e7e7e7"> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Two-year minimum tenure for IGP, DIG, SP and SHO too.</td> </tr> <tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" /> Set up Police Establishment Board to decide on transfers, postings, promotions of officers of and below rank of DSP.</td> </tr> <tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" /> Police Complaint Authority at district level to look into complaints against police officers up to the rank of DSP.</td> </tr><tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" /> Another such authority at the state Level to look into complaints against officers of the rank of SP and above. All recommendations binding on the authority.</td> </tr><tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Centre should set up National Security Commission to prepare panel for selection and placement of Chiefs of Central Police Organisations with minimum tenure of 2 yrs.</td> </tr> </table>

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