For Bihar govt, retd judge = DM, DGP = chief secy

28 Mar, 2007
PATNA: As the state government prepares to table Bihar police bill - 2007, seeking to bring in police reforms as directed by the Supreme Court, in the state legislature on Wednesday, it's uneasiness all around:

Many of the state's men in uniform say the apex court directives have been followed only in violation while drafting the bill.

It was on the SC directive that the Central government set up a Police Act Drafting Committee (PADC), commonly known as the Soli Sorabjee Committee, to draft a model Police Act for the states.

The model Act, submitted to the Union home ministry, provides broad guidelines through which the directions of the SC can be effectively implemented. Bihar has to comply with the SC directives by March 31 this year.

Hence, the government move to get the bill passed by the state legislature. But take this: The Supreme Court as well as the model Police Act suggested that a district-level police complaints authority, headed by a retired district judge, should be formed to inquire into cases of misconduct by police officers up to the rank of DSP.

But the proposed Bihar police bill (page 36) seeks to make the DM concerned, and not the retired judge, the chairman of the district complaints authority. It also proposes an ADM-rank official as member-secretary, again in utter violation of the SC directives. According to the SC, "the state police's Establishment Board would compose of the director general of police and four other senior officials of the police department.

" This board will decide transfers, postings and promotions of police officers below the rank of DSP. But the draft bill (page 19) proposes the chief secretary as the head of the establishment board and the state home commissioner as the member-secretary of the board. Neither the apex court nor the model Police Act talks about the post of member-secretary.

Police officers say if the draft bill is passed as it is, police will become an appendage of the magistracy.

"Not that the Supreme Court wants the IAS officers to get more teeth," a senior police officer said. His SP-rank colleague angrily added, "The bill, if it becomes law, will reduce us as class III officers in districts." On its part, the government has circulated the 58-page draft to the legislators and sought their comments and proposed amendments.