Each generation is impacted by the times it grows up in, and mine grew up in times when police raj was a much used term. Terrorism era kept pace with my adolescence and youth, and too many said there was police raj in Punjab. While that could be debatable, I was shocked to find that years after terrorism was pronounced dead, there was a dead serious effort to legislate police raj in Punjab. While many of you would know how Punjab Police works, here is a glimpse of how it dreams about its role and working conditions.
Cops Script Reformed Version Of Police Act,
So Be Prepared For
Police State
TOP COPS script dreams into draft Bill and, voila! Recipe for a police state is ready: all civilian powers to police, and no check on misuse. But the dream seems running into trouble.
After 143 years, after an empire-to-democracy shift and decades after cries for police reform pierced the nation-state's conscience, Punjab police has now made a determined bid to have a new Punjab Police Act to replace the 1861 edition, but the draft bill scripted by top bosses of the force has created a scare among the civil service officers and politicians who see it as a bid to turn Punjab into a police state.
A cursory reading of the Punjab Police Bill draft, submitted to the government and currently under a scanner of civil authorities, seeks to create a State Security Commission and a Commissionerate system but most importantly, seeks to shift almost all powers wielded by District Magistrates/Deputy Commissioners to the police.
Sources in the government said though those behind the Bill claim to have drafted it in the light of recommendations of various police commissions, several provisions of the draft Bill are more draconian than any provided hitherto in any piece of legislation. Besides, the state government is not at all prepared to usher in the Commissioner system in police.
Section 25 of the draft Bill provides for State Security Commission with Home Minister as Chairman, two ruling party and an opposition MLA as members, four members from among retired High Court judges, government servants or social activists and DGP as member-secretary. Apart from minister and DGP, all others would be CM's nominees. Entire administration of the force would be done through this Commission (S.26), which can take all decisions with just any four members attending (S.28).
So powerful will be the Commission that if the government in an emergency issues any policy directive directly or “guidelines in regard to a specific situation”, it would have to be ratified by the Commission which can also make any modifications (S.37).
Cities/towns would have Commissioners of Police, Additional Commissioners, Joint or Deputy Commissioners (S.8) while other areas could have good old SPs, DSPs etc (S.9). “Any officer...may at any time (himself) appoint any able-bodied person (as) Special Police Officer.” Better still, these SPOs will have same identification (S.21.2a), same powers, privileges and immunities as any ordinary police officer (S.21.2b).
In a pinch, the citizens in a disturbed area would have another problem: they would be billed for providing them security. Section 24 provides that government can proclaim an area to be disturbed, additional force would then be deployed and “if the government desires, the cost of such additional police force may be borne by the inhabitants of such area described in the proclamation.” If you have doubts, refer to rules which will be drafted by, you guessed it, a cop (S.24.4).
Whether any act, gesture, mimicry, exhibition may offend decency or morality or incite violence is to be judged only by Commissioner of Police or Superintendent of Police (S.53.1.f). These worthy authorities can also prohibit any assembly, or restrain a person from any task for 30 days. The state government can of course extend it to 6 months. No civil authority for this has been involved in the draft Bill.
Icing on the cake is Section 73 which provides for giving the Commissioner and SPs “the powers and duties of an Executive Magistrate and of a District Magistrate” which are provided for magistracy in the CrPC. So important is this proviso for those who fathered this draft that they added another rider, lest the CrPC comes in the way: “The provisions of this section shall have effect notwithstanding anything contained in the said Code.”
October 10, 2004