One of the important points in the police reforms suggested by the Supreme Court is to initiate disciplinary action against any police officer or personnel who is found to be guilty following impartial probe into complaints against him.
The Supreme Court had even directed formation of a Complaint Authority having as its chairman an officer of the rank of district magistrate, to accept public complaints against police officials and staff and to investigate the same in every district. The Supreme Court had directed that such a mechanism be made effective even in the state level for investigation into any complaint against senior officials.
Though a few states had implemented the Supreme Court guidelines on reforms in the police department in 2006 itself, it took as long as three years for a state like Karnataka which has a glorious past of being a state of efficient administration, to implement the same.
As per the guidelines laid down, a Police Establishment Board and a Special Security Commission has come into existence, the former to take decisions on transfer of police officials and staff upto the rank of DySP and the latter to frame rules and regulations for the department. The Government which ought to have enforced a Police Act prior to this, is yet to place it before the Assembly. This is just one instance of tying the horse behind the cart. If one major objection to this is that the government has not yet released a draft copy of this act for public scrutiny, yet another is that several defects were found in the draft copy when the same was availed through the Right to Information Act. There is also a feeling that enforcing this act in as is where is condition may also prove dangerous.
The government’s sincerity in implementing police reforms is also under question in the backdrop of its failure to initiate any measure towards introducing a mechanism for accepting complaints against police officials and staff and suitably redressing them. As of now, there is no mechanism to accept complaints against departmental officials and redress them within a time frame.
Even if the complaints are taken to the DGP or Human Rights Commission or the IGP of Public Grievances cell, the same are taken care of so routinely that there is no example of any case being resolved.If it is true that there is no punishment to guilty police officials, then what can be said of accountability in the department ?
One instance is that of the former DK SP B Dayananda. The police firing in Mulki that claimed the lives of two innocent youth in December 2006 turned out to be the crowning glory of the achievements of this officer who was already facing charges of corruption and misbehaviour. Though several organisations including PUCL had lodged a complaint with the DGP and the state government with evidences, the accused officer instead of being punished was defended.The disappointed complainants had to finally knock the doors of the National Human Rights Commission. Even a double murder case had to be registered against Dayananda in the Moodbidri court. In case the NHRC and the Moodbidri court rules that Dayananda was guilty, then it would be a permanent black spot on the image of the police department in the district. Had the complaint against Dayananda been impartially probed right in the beginning, then the officer would have been behind bars by now. Not just that, it would have also helped public regain confidence in the police department.
Yet another case is that of the Belthangady circle inspector Gangireddy who is now under suspension on the charges of destroying Lokayukta evidences. This police officer had several complaints against him right from encounter deaths, torture of innocents, misbehaviour in public, highhandedness, etc etc. But, not one of the complaints were thoroughly probed.
Presently, as the police department has failed to probe into the complaints against Reddy the same are before the Human Rights Commission and before the court. Once the verdicts are out,then Reddy will have to be behind bars after shunning his khakhi.
Considering the SHRC ruling penalising the former Ullal SI Shivaprakash for committing brutality on a class V student at Ullal and the jailing of an SI in Mysore for illegally detaining a person, one can surely say that the police department lacks proper mechanism to punish the guilty in the department. Or else why would the complaints against police personnel be taken to the SHRC or the court ?
Why is it not possible to introduce a mechanism in the police department to ensure that all complaints against police personnel are effectively probed without necessitating the public to approach the SHRC or the court ?
In case the government decides to bring about reforms in the police department then it will have to appoint retired judges as chairmen of the district and state level complaint committees which should give representation to members of the civil society too. In such a case it can be considered as a mechanism that could be relied upon by the public. Let the higher ups in the department and the home ministry be committed to introduce such a mechanism.
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