The Supreme Court of India, in a historical judgment yesterday, given order to reform existing criminal justice system to establish better rule of law in the country.
The Supreme Court has ordered to do some revolutionary changes in the Indian police administration. The Indian Police should be more accountable and should not entertain any kind of political interference.
The Indian Police Act is some 145-year-old. The Supreme Court has issued directives to the Centre as well as states to immediately implement the 7-point directive.
It is all about some necessary changes that is needed such as a 2-year fixed tenure for DGPs and the other senior officers who are holding the key posts.
The directive, too, includes the directive to separate crime investigation and prosecution process from the maintenance of normal law and order.
The bench of Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice P.K. Balasubramanyan ordered to implement the Basing the order on the recommendations of the National Police Commission (1977) recommendations.
The recommendation has some points such as-
# To set up a national security commission at the Centre and a state security commission at states.
# To set up police establishment board and police complaint authority in every state and at the district level.
# On the basis of the recommendations of the NHRC, the Julio Riberio Committee and the Soli Sorabjee Committee, the bench ordered to revamp the Indian Police Act, 1861.
# to restrict the politically interfered transfer and posting of officers when the government changes.
# To fix the tenure of DGPs, IGPs, DIGs and SPs for a minimum fixed tenure of two years. Promotion, charges on discipline grounds, corruption, criminal charges are exceptional.
# Introduce scientific research in crimes.
# The police establishment board will have the power of transfers, postings and promotion of officers below the rank of DSP.
# The national security commission will have the power for the selection and posting of chiefs of CPOs. It will take orders from Home Ministry.
# The state security commission will work under Chief Minister and DGP as ex-officio secretary.
# The state police complaint authority will work under a retired Supreme Court or high court judge.
At last, the Supreme Court has given the due time to center as well as states to implement the order till December 31. The Cabinet Secretary and the Chief Secretary of each state will have to submit conformity reports by January 2007.