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Now
that the heat and dust generated by the Supreme Court judgment
on police reforms consequent to the PIL filed by Mr. Prakash Singh
and others is settling down and much discussion and deliberation
thereon has appeared in various fora… the likely implications
are sinking in on the political and bureaucratic framework across
the nation - inevitably affected by the directives aimed at general
reform. The hard realities are becoming apparent as the action
taken report to be filed by the State Governments with regard
to the Court's directives, is being formulated. Consequently,
there is gossip in the corridors of power, about State governments
planning to water down the provisions, seeking ways and means
to bypass the same, and even seek further time for compliance,
citing the framing of the new Police Act as one of the reasons
for putting off implementation/ compliance. Even though the Soli
Sorabjee committee has drafted the proposed new Act to replace
the 1861 Police Act and a copy of the draft was placed before
the Supreme Court before its judgement in the Prakash Singh case
was pronounced, the new Act is yet to become law.
Sources
in the police in Delhi's neighbourhood reveal a very interesting
situation developing in the state of Haryana, where the current
incumbent DGP Nirmal Singh is due to retire on 31st October. The
Haryana Government, more so the bureaucracy is said to be in a
spin how to go about finding his replacement. Mr Singh himself
is said to be claiming that since the orders have to come into
force with immediate effect, and since there is no UPSC approved
panel, he should continue till either he completes two years in
the chair (8 months hence) or till 1st Jan when the UPSC is likely
to decide about empanelment and would either approve him or reject
him. The state Home department, it is learnt, is referring the
matter to the MHA for indicating who are on UPSC panel, as it
would be the job of MHA as cadre controlling authority to get
empanelment done and evolve norms for that.
The
MHA as usual, sources claim, is clueless what to do. Meanwhile
rumours are rife through a whisper campaign, mostly among the
state's IAS cadre, with also some of their IPS colleagues joining
in, that the Supreme Court judgement has directed the Union Government
and States to legislate the new Police Act first and till such
time as it is not done, to put on hold implementation of the directions
in the ruling. The campaign is advocating the promulgation of
an ordnance to water down the recommendations of the NPC/ SC judgment
ever so subtly that a plain reading does not reveal anything wrong
- but with enough loopholes built in to subvert the whole gamut
of the reforms and procedures ordered.
Some
bureaucrats who fear a loss of turf if the police is granted autonomy
are also said to be advising the state political bosses that there
are ways of circumventing the fixed tenure promised by the judgement.
Earlier, one could just remove an inconvenient DG or SP when they
pleased and apart from loss of a post no other harm would come
to the officer. But now if an officer has to be removed, the bosses
would have to justify the premature removal by either registering
a case against him a-la-Madhya Pradesh or at least suspend him
on some charges, thus involving double jeopardy and making the
threat of transfer more effective. While one can only hope that
such sinister designs might not become the general rule, it would
be unwise to underestimate the ingenuity of political and bureaucratic
shenanigans.
24.10.2006: Copyright © Maxwell Pereira: 3725
Sector-23, Gurgaon-122017 Tel: 0124-4111026 & 2360568; website:
http://www.
maxwellpereira.com; email: mfjpkamath@gmail.com
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