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Is Tamil Nadu police game for reforms?
A day after the HC asked the state to furnish status report of police reforms, seasoned officials said that the department has travelled on the wrong path for too long and has no leaders to change the course of journey.
By
migrator
migrator
Chennai
Tamil Nadu may have taken baby steps towards ushering in police reforms by promulgating an ordinance on police reforms years ago. But, seasoned officials believe that the police department in the state government has travelled on the wrong path for too long and has no leaders to change the course of journey through the reforms.
According to retired DGP and Mylapore MLA R Nataraj, police reforms should begin with internal reformation, for which the basis is judicious, transparent and honest fulfilment of police functions.
“This does not require any diktat from above. The clear direction from Supreme court in Prakash Singh case only reiterates this core principle of honesty, integrity and dispassionate resolution of disputes,” he said.
Though the state has not fulfilled the guidelines on reforms on many counts, AX Alexander, another retired DGP, pointed out that the policemen in the government required behavioural reforms. “The aspects listed in the reform is not going to make any change in the force. Each individual policeman should reform themselves. They should be allowed to operate independently and trained to function in an unbiased manner. They need self-purification,” the veteran officer told DT Next.Police reform became a point of debate after the Supreme Court observed that the Law and Order DGP should be picked from among five senior-most police officers empanelled by the Union Public Service Commission. It also provides for a minimum tenure of two years to the selected officer, irrespective of date of superannuation. Similarly, all officers heading police stations, districts and commissionerates will have a minimum tenure of two years.
In Tamil Nadu, however, the rule was seen applied only for the selection of DGP (Law and Order). Some of the retired officials feel that over a period of time, the character of the Tamil Nadu police has changed completely. From being a highly disciplined one, force which started witnessing political interference which had an impact on its functioning.
“The department, which was known for its integrity and efficiency, was taken over by politicians who brought in favouritism through corrupt and inefficient officials. Bulk recruitment brought in all kinds of people in to the force because there was no proper scrutiny. Training institutions became a dumping ground for unwanted officers,” noted a retired Inspector General.
Earlier, the Directorate of Vigilance & Anti-Corruption (DVAC) and CB-CID units were considered as wings that had officers with integrity. These units with upright officers with professional knowledge in investigation and court works were created to keep the local police under check. But the character of these units changed over the years as they, too, became subservient to the political bosses, another retired officer noted.
“Now, corruption is no bar in senior offices. Everywhere you see police personnel misusing police fund, property, vehicles and manpower. Officers are not trying to solve any issue; they are only asked to cover it up superficially. Most of the stations are asked to register less number of FIRs. It will make life easy for police and the criminals as well,” he added.
Police officers accept the fact that smart criminals do their follow ups. If they come to know that a FIR was not registered for a crime he committed, he would strike again. If he comes to know that police are searching for him, he would move away from the area. “Suppression of crime recording is okayed in all levels,” noted another retired official.Rather than creating more committees with ministers, including chief minister, and DGPs as members, the government should focus on putting in place proper recruitment policy, training facility, clear-cut policy on promotion and appreciation for good investigation and behaviour, summed up a former DGP.
Case details
When a case filed by Prakash Singh, a Padma Shri winning IPS officer, and others came before it, a SC bench, headed by the then Chief Justice YK Sabharwal, heard all sides, including the brightest minds dealing with law and order, and administration. Following this, on September 22, 2006, the bench issued seven directions to the Centre, state and territorial governments. These were wide-ranging recommendations, though most of them remain only on paper.
1.State Security Commission: The state governments were directed for form a commission to ensure that the rulers did not exercised unwarranted influence or pressure on the police and lay down the broad policy guidelines so that the force always acted according to the laws and Constitution. Its recommendations are binding on the state government.
2.Selection and minimum tenure for DGPs: The state police chief should be selected from a panel of three senior-most officers, and once appointed, they should have a minimum tenure of two years. The officer can be removed, but only in consultation with the State Security Commission.
3.Minimum tenure for IG and other officers: Officers on operational duties, like IG, DIG, SP and even Station House Officer should have a minimum of two years – except due to disciplinary proceedings or is otherwise incapacitated, or the officer is promoted or transferred.
4 Separation of investigation: Those officers on investigation wing should be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the public – but without affecting the coordination between the two wings. The move to separate them could begin in areas with over a million population and then extended to smaller areas.
5.Police Establishment Board: This body would decide all transfers, postings, promotions and other service related matters of officers in the rank of DSP and below. It would be a departmental body that has the DGP and four other senior officers as members, which can recommend on posting and transfer of officers in the rank of SPs and above, and also act as an appeal forum. The government can interfere only in exceptional cases, that too only after recording the reasons.
6.Police Complaints Authority: To look into complaints against officers of various ranks, there would be district level and also state level bodies headed by district judge/High Court judge respectively. The state level body would deal with only allegations of serious misconduct – death, grievous hurt or rape in police custody. The ones at district level would also probe allegations of extortion, land/house grabbing etc.
7 National Security Commission: To be set up at the Union level to prepare a panel for selection and placement of chiefs of Central Police Organisations (CPO), who should also be given a minimum tenure of two years. It would also review measures to upgrade the effectiveness of these forces, improve the service conditions of its personnel, ensure proper coordination between them and make recommendations in that behalf.
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