The State Home Department after making draft police bill public in Feb 2015, suggestions and opinions were sought within few weeks from general public. This was the time when AfzalGuroo was executed in Tihar jail and Kashmir valley was put under strict curfew for more than a week. A large section of people felt that Government apparently sought to use that situation to formally introduce the abhorrent Police Bill that would have turned Jammu and Kashmir into a police state.
|| DR RAJA MUZAFFAR BHAT
Policing in Jammu &Kashmir like other south Asian countries has been a matter of concern for everybody. Few years back when National Conference lead Government in J&K wanted to bring in a police act a hectic debate had generated during that time. Omar Abdullah lead National Conference Government had infact decided to introduce a new Police bill in the state legislature around 2013 budget session. The Government had made the draft bill public for feedback before it was sent to legislature but as soon as the draft bill appeared on J&K Home Departments official website it triggered controversy in the State.
The Government then decided to play safe as the 2014 assembly elections were also approaching and the said bill was not introduced in the state legislature. The media and public pressure continued over this matter , Government assured to make some changes in the bill . NGO’s , Civil Society actors were hopeful that police bill might be introduced in state assembly during the August –September 2013 , but that didn’t happen. It is better that the said bill wasn’t introduced into the state legislature in haste otherwise we would now have been fighting for its amendments as it would have caused resentment among different sections of the society.
The State Home Department after making draft police bill public in Feb 2015, suggestions and opinions were sought within few weeks from general public. This was the time when Afzal- Guroo was executed in Tihar jail and Kashmir valley was put under strict curfew for more than a week. A large section of people felt that Government apparently sought to use that situation to formally introduce the abhorrent Police Bill that would have turned Jammu and Kashmir into a police state. But Government didn’t go ahead as they felt it would lead to protests and agitations.
Peoples Democratic Party (PDP) which was in opposition that time had opposed the move of introducing a new police bill. PDP President Mehbooba Mufti in one of her statements had said “The proposed Police Bill is an attempt to institutionalize the dreaded Ikhwan culture in the State, and is aimed at creation of Special Security zones (SSZs) and legalization of Village Defence Committees (VDC’s) ” .
Peoples Democratic Party (PDP) which was in opposition that time had opposed the move of introducing a new police bill. PDP President Mehbooba Mufti in one of her statements had said “The proposed Police Bill is an attempt to institutionalize the dreaded Ikhwan culture in the State, and is aimed at creation of Special Security zones (SSZs) and legalization of Village Defence Committees (VDC’s) ” . New Delhi based International NGO , Commonwealth Human Rights Initiative (CHRI) which has been working on police reforms in India and other south Asian countries for the last more than 15 years had appealed the then Chief Minister Omar Abdullah to hold consultations with public as was done in Kerala.Navaz CHRI had suggested that pre-legislative consultation adopted by Kerala Government should be followed in Jammu and Kashmir as well .
Pertinently Kerala police bill was first placed on official website of Government with an email address inviting feedback from general public .Many suggestions which came were incorporated into the Draft bill . The same draft Bill was referred to a Select Committee of assembly and after their clearance the bill was send to state legislature.
Police Reforms & its 7 directives :
Police Reforms generated debate in India after the Supreme Court Judgment of 2006 which suggested for seven directives. These directives are the practical mechanisms to kick start the reforms. They make up a scheme which if implemented holistically will correct the common ills that create poor police performance and unaccountable law enforcement today. The seven directives are as follows:
Directive 1:
Constitute a State Security Commission (SSC) to:
(i) Ensure that the state government does not exercise unwarranted influence or pressure on the police
(ii) Lay down broad policy guideline and
(iii) Evaluate the performance of the state police
Directive 2:
Ensure that the DGP is appointed through merit based transparent process and secure minimum tenure of two years.
Directive 3:
Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district and Station House Officers in-charge of a police station) are also provided a minimum tenure of two years
Directive 4:
Separate the investigation and law and order functions of the police
Directive 5:
Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other service related matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers above the rank of Deputy Superintendent of Police
Directive 6:
Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody and at district levels to inquire into public complaints against the police personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct
Directive 7:
Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of Chiefs of Central Police Organisations with a minimum tenure of two years.
Conclusion :
The draft police bill made public by National Conference lead Government in February 2013 was vehemently opposed by the PDP which was main opposition party during that time . This party is now in power and this is the right time that police draft bill will be taken out from the cold chamber so that a meaningful debate is again generated on this bill. We hope pre legislative debates / consultations are held with various stake holders across various areas of Jammu & Kashmir keeping into consideration the regional aspirations of all the people of state.
The investigation and law & order have to be separated as this overburdens the police force. The conditions under which police force works has also to be looked into. I would also suggest that Police at district level be brought under the direct control of District Magistrate (DM). The DM or Deputy Commissioner (DC) should have powers to transfer or to take action against at least an SHO of a police station. It has been observed that police is interfering into the matters which are beyond their jurisdiction like deciding land dispute cases etc inside the police stations itself.
To stop all this it is important that civilian administration especially the District Magistrate should have some sort of control over police. In-fact the existing Jammu & Kashmir Police Act 1927 gives powers to District Magistrate for having some control over police but on ground this power is not at all executed by the District Magistrates .
Dr Raja MuzaffarBhat is Founder and Convener of Jammu Kashmir RTI Movement Feedback : [email protected]
