In the case of Andhra Pradesh, one of the four respondents summoned, it hastily set up State Security Commission, and its Police Establishment Board (PEB) and the selection and tenure arrangements for the DGP, all violation of what the court required.
As states continue to turn a blind eye to the 6 directives on police reforms in the Prakash Singh case, the Supreme Court has summoned the Chief Secretaries of Uttar Pradesh, Maharashtra, Tamil Nadu and Andhra Pradesh on July 31 for lack of positive response in implementing its directions issued nearly 7 years ago.
Maja Daruwala, Director of the Commonwealth Human Rights Initiative (CHRI), which monitors compliance with the Court’s orders, said, “The fact that the Court has reason to summon Chief Secretaries to hear why its orders have not been obeyed indicates the deep resistance of governments have to loosening their complete control over how policing is done. The Court’s orders condition the relationship of police and political executive, and will help reduce undue political interference. It will also create more professional, less biased policing.”
CHRI noted that despite guidance toward better policing been provided by the Court, the Central government’s own Model Police Bill and the National Police Commission, many states have avoided taking any steps and instead taken shelter under new police legislation diluting the directives so that they are rendered completely useless and ineffective.
In the case of Andhra Pradesh, one of the four respondents summoned, it hastily set up State Security Commission, and its Police Establishment Board (PEB) and the selection and tenure arrangements for the DGP, all violative of what the court required.
Andhra, like Tamil Nadu and Uttar Pradesh have also all completely ignored the Court’s directive to set up Police Complaints Authorities. Uttar Pradesh, a state that tops the list of states that stage of fake encounters in the last four years too has not set up any mechanism to make the police more accountable for their wrong doings.
Faced with the prospect of having to explain to the Court, Maharashtra set the pace on reforming the police by setting up Police Complaints Authority at the district and state level, issued orders for redrafting the State Security Commission and Police Establishment Boards last fortnight which is a welcome initiative, said CHRI.
Again fearing Apex court’s ire, Uttar Pradesh only last Friday reconstituted the State Security Commission, which was first set up by former Chief Minister Mayawati in December 2010 with a weak mandate and no binding powers and the composition not following the court directive.
However, its Police Establishment Board doesn’t conform to court’s guidance just like Tamil Nadu, totally non-compliant with regard to Court’s directive on providing fixed tenure for officers in operational duties.
“Such strong resistance to change indicates how closely police is held by the political executive. The Supreme Court’s six directives if properly implemented will allow the police to move from being the regime’s police to being the people’s police, obedient only to the law, professional, well-resourced and managed and most of all accountable. The Court’s orders reflect the recommendations made by a national commission over three decades ago. We must have a police that is unbiased, honest and law upholding. You cannot hope to get national security or individual safety without this,” said Daruwalla.
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