Prakash Singh case 2006

Subject: Polity

Context:

Rising allegations against police system in India brings to light judgments of Prakash singh case.

Concept:

• In 1996, a petition was filed before the Supreme which stated that the police abuse and misuse their powers.  It alleged non-enforcement and discriminatory application of laws in favour of persons with clout, and also raised instances of unauthorised detentions, torture, harassment, etc. against ordinary citizens.  The petition asked the court to issue directions for implementation of recommendations of expert committees.
• Directions:  In September 2006, the court issued various directions to the centre and states including:
• Constitute a State Security Commission in every state that will lay down policy for police functioning, evaluate police performance, and ensure that state governments do not exercise unwarranted influence on the police.
  
• Constitute a Police Establishment Board in every state that will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police, and make recommendations to the state government for officers of higher ranks.
• Constitute Police Complaints Authorities at the state and district levels to inquire into allegations of serious misconduct and abuse of power by police personnel.
• Provide a minimum tenure of at least two years for the DGP and other key police officers (e.g., officers in charge of a police station and district) within the state forces, and the Chiefs of the central forces to protect them against arbitrary transfers and postings.
• Ensure that the DGP of state police is appointed from amongst three senior-most officers who have been empanelled for the promotion by the Union Public Service Commission on the basis of length of service, good record and experience.
• Separate the investigating police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.
• Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of the central armed police forces.