MONTHLY FEATURE uuu POLICE AND SECURITY uuu JUNE, 1995

POLICE CHIEFS! ACT NOW!!

Dr.S.Subramanian, IPS (Retd.)

With the Apex Court coming down heavily on errant police officials, the police image plummeted down to an all time low in recent months. For the first time, police were made to realise that they are accountable to law and judiciary for their actions and illegal exercise of authority at the behest of politicians and violations of Human Rights of citizens will not be tolerated. To their dismay, police found that the excuse, that they only obeyed orders from above, will not be accepted.

There is widespread resentment and bewilderment among the rank and file of the police. They are at a loss to understand why they are being singled out for severe treatment while their political masters, at whose bidding these cognisant wrongs, were committed, are allowed to go Scot free. There is resentment that no one came to their rescue when they were being pulled up and the political masters were conspicuous by their absence and silence. It has dawned on the police, though belatedly, that they will be judged like all citizens for their omissions and commissions and no quarter would be given to them being members of the law enforcement community.

Over the years, systematic attempts have been made to politicise the police through inducements and threats and a stage has now been reached that the organisational hierarchy has lost its relevance and politicians make operational and administrative decisions. Police leadership has to step in and stem the rot and regain the command and control of their forces. Police Chiefs of all the states, U.Ts. and Central Police Organisations will be meeting at their annual conference at New Delhi from June 21 to 24, 1995. It is time for the police chiefs to make this conference an action oriented one and discuss the basic issues of prevention of politicisation of police and violation of Human Rights by the police.

The National Police Commission (NPC) had gone into these issues at great length and had come up with valuable suggestions to eradicate them. Recommendations made by NPC over a decade ago are gathering dust in the Ministry of Home Affairs. Police Chiefs should insist on their implementation at an early date.

NPC had noted that the nexus between pliant police officers and politicians has developed into a mutually beneficial relationship. While politicians reap political advantage from the misuse of powers by the police at their opponents, pliant police officials derive advantages in career advancement and favoured postings. Such unholy combination of unscrupulous politicians and policemen has affected the quality of life in the society and has resulted in gross violation of human rights of the citizens. Today, maintenance of order has come to mean providing support to ruling elite through smothering democratic dissent. Law enforcement has become selective to further the interests of political bosses.

Listing out typical cases of abuse of police authority, NPC has found arrest, hand cuffing, bail, search, investigation, charge sheet, preventive custody, quartering of police forces in disturbed areas, launching of false criminal cases against political opponents, discretionary enforcement of provisions of cognizable and non-cognizable offences to the disadvantage of political opponents, and fabrication of false and tendentious intelligence reports to cause harm to political opponents, are the common areas where politicians misuse the police. None of these can be remedied in judicial fora as these do not go up for their scrutiny for a long time. Only effective supervision by senior officers can prevent these abuses.

Political pressure on police takes many forms ranging from a promise of career advancement and preferential treatment in transfers and postings to threats of drastic action and disfavoured treatment to those who resist pressure. Suspension of officers is freely resorted to humiliate upright officers. Transfers are made to harass and break them.

Blatant interference in police administration has resulted in the breakdown of command and control and police hierarchy has permitted to transfer even constables and ruling party MLA have the choice of Sub-Inspectors posted in their Constituency. Cases are registered or withdrawn at the direction of political bosses. The message goes out clear and loud to the rank and file. If one wants career advancement and smooth sailing, cultivate the political bosses and ignore the police bosses.

Police Chiefs can not remain idle spectators to this systematic distruction of their organisations. They should urge the government of India to implement the useful recommendations of National Police Commission to insulate police from political interference.

Selling up of state security commissions is a long over due step. To restore internal autonomy in police organisations, police chiefs should have an assured tenure. Non-interference in the day-to-day administration of police department will restore command and control to the police chiefs, who can then ensure that police remain lawful and true to their code of conduct.

The quality of life in a Democracy and enjoyment of human rights and fruits of labour in a peaceable and fear-free atmosphere, depends on an independent, non-partisan and law abiding professional police force. Enough damage has already been done by political establishment to undermine the police force. The time has come to take stock of the situation and reverse the trend and initiate concrete and positive steps.

Chiefs of police assembling in Delhi! In your interactions, please do impress upon the VVIPs the need to develop the police force into a service oriented organisation. Highlight the rot that has set in. Entreat the powers that be to accept the two most important recommendations of NPC - setting up of the state security commission and assured tenure for police chiefs. Now is the time to act.

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