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Implement police reforms, Supreme Court directs states
New Delhi, Sep 22 (IANS) The Supreme Court Friday directed the central and state governments to set up national and state Security Commissions to select and appoint personnel and to ensure complete autonomy in police administration.
A bench of Chief Justice Y.K. Sabharwal and judges C.K. Thakker and P.K. Balasubramanyan gave a series of directions on a petition seeking implementation of the reports of various Police Commissions.
"The popular perception all over the country appears to be that many of the deficiencies in the functioning of the police had arisen largely due to an overdose of unhealthy and petty political interference at various levels starting from transfer and posting of policemen of different ranks, misuse of police for partisan purposes and political patronage quite often extended to corrupt police personnel," the bench observed.
It directed that the national commission prepare a panel for being placed before the appropriate appointing authority for selecting the chiefs of Central Police Organisations (CPOs), who should be given a minimum tenure of two years. The commission could be headed by the home minister and comprise heads of CPOs and a couple of security experts as members, with the home secretary as its secretary.
It directed the states to set up similar commissions to ensure that the state government "does not exercise unwarranted influence or pressure on the police and for laying down the broad policy guidelines. (This will ensure) the state police always acts according to the laws of the land and the constitution.
"This watchdog body shall be headed by the chief minister or the state home minister and have the director general of police of the state as its ex-officio secretary," the bench said.
It said a state police chief should be selected from amongst the three senior-most officers empanelled by the Union Public Service Commission for promotion to the rank.
In another significant direction, the bench asked the states to separate "law and order" and "investigation" tasks to ensure speedier investigation, better expertise and improved rapport with the people.
"It must, however, be ensured that there is full coordination between the two wings."
It directed the states to set up Police Establishment Boards to decide transfers, postings and promotions and other service related matters of officers and below the rank of deputy superintendent of police (DSP). There should also be a police complaints authority at the district level to look into complaints against police officers up to the rank of DSP and at the state level for officers above the level of superintendent of police.
The bench said its directions should be complied with on or before December 31, 2006 so that the various bodies became operational at the onset of 2007. The cabinet secretary and the chief secretaries of the states and union territories should file compliance reports by Jan 3, 2007, it added.

