Can it all be real?

When Indians are asked to choose some of the most corrupt public figures around them, two groups are almost always at the top, the politicians and the cops. The common citizen does not waste time in criticizing these groups for their greed, incompetence and bloated ego.

However, on the scale of exploitation, they are not of the same weight. Anybody who knows anything about the civics of India will know that the Indian police works at the mercy of politicians. Politicians rule the roost, and usually grow up with the belief that this country was built to serve their interests. The police is simply the tool with which a politician can go about projecting his/her power and implement their grand designs.

Bodyguards at their residences, their vehicles driven by uniformed cops, and using their so-called VIP status to get past airport security are just some of the many examples of how the politicians of this country live a blessed life.

I have for long ranted against the political influence on our police forces. Numerous movies have been made on the subject, numerous reports have been published, and numerous cases of political pressure have been brought to light, yet nothing is done to rectify the situation. Why? Because changing this status quo will only take away power and influence from the hand of a politician, and in this supremely democratic establishment, we definitely can't take away such unsurmountable power from the hands of our dearly beloved elected public officials. no?

Anyway, cutting aside the sarcasm, there are always some good vibes that seek to make a change. In fact, there is probably some divine providence that our country still manages to forage ahead despite all these netas dilligently trying to sell out their own country.

In a very refreshingly statement from the Supreme Court, they have indicated that they want a change. Thats good, because despite the extent to which the system has been subverted by the political class, our democracy can claim that our Supreme Court is still a shining beacon in the haze.

I have said it before and now the Justices of the Supreme Court of India say it too, that the police must be insulated from political interference. Why do politicians get away with everything? Its because they control the police. They control the police with threats and having the ability to suck their party leaders' dicks and punish the cops who try to punish them.

SC orders a cop clean-up

Insulating the police from politicians, separation of law and order machinery from the investigative apparatus, fixed tenure for police officers starting right from the station house officer — these are some of the far-reaching directions given by the Supreme Court today aimed at establishing a long-cherished independent and responsive police force in the country.

A bench of Chief Justice Y K Sabharwal, Justice C K Thakker and Justice P K Balasubramanyam, on a petition filed by Prakash Singh, a former Director General of Police, and NGO Common Cause, gave the judgement listing the directions. When implemented, these have the potential to change the face of India’s police force.

The key recommendations are:

• Setting up of a State Security Commission in every state to ensure that state government does not exercise unwarranted influence or pressure on the police.
• DGP of state to be selected from among three senior-most officers; will have fixed tenure of atleast 2 years.
• IG, Deputy IG, SP and SHO will have minimum fixed tenure of 2 years.
• Investigating police will be separated from law and order police to ensure speedier investigation, better expertise and improved rapport with people.
• Police Establishment Board in each state to decide on transfers, postings etc and service related matters of officers’ upto DSP.
• Police Complaints Authority at district level to look into complaints against police officers till DSP.
• Center to set up National Security Commission for selection and placement of Chiefs of Central Police Organisations.

The directions have to be complied on or before December 31, 2006, the judgment said, and sought compliance reports from the Cabinet Secretary, Government of India and Chief Secretaries of states or union territories by January 3, 2007.

The State Security Commission “shall” be headed by the CM or Home Minister and have the DGP of the state as ex-officio Secretary. However, the independence of the Commission will be ensured through the other members including the leader of the opposition or the Lok Ayukta as the case may be, a retired or sitting judge and some non-political citizens.

The Police Establishment Board will be made up of the DGP and four senior officers of the department. “The state government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so.”

To maintain independence of the Police Complaints Authority, the bench ordered that the PCA at the district level “may” be headed by a retired District Judge and at the state level by a retired judge of the High Court or Supreme Court. The PCA will have on its panel retired civil servants, police officers or members of civil society.

It will take note of only charges of serous misconduct by the cops including incidents involving death, grievous hurt or rape in custody. The district authority may also inquire into allegations of extortion, land grabbing etc. Another important recommendation is for setting up a National Security Commission to be headed by the Home Minister and comprising heads of the Central Police Organisations and a couple of security experts as members with the Union Home Secretary as its secretary. The NSC will draw up a panel to be placed before the appointing authority for selection and placement of chiefs of the CPOs. The Chiefs will also enjoy a two-year minimum tenure.

The petitioners had approached the court in 1996 after the government dragged its feet on the recommendations of the National Police Commission and several others regarding reforms in the force.
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