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Governor urged to return Police Bill

JAIPUR: Civil rights organisations in Rajasthan have called upon the Governor, S. K. Singh, to return the State Police Bill, 2007, to the State Assembly for reconsideration, saying it gives “draconian powers” to the Government and subverts the Supreme Court’s directive to enact the new legislation as it fails to comply with the Constitutional provisions and democratic norms.

A delegation of People’s Union for Civil Liberties (PUCL) and other human rights organisations, which met Mr. Singh early this week, said the new Bill – passed in the Assembly’s brief monsoon session recently – would promote police repression, curtail fundamental rights of citizens and leave an enormous scope for misuse of its provisions.

“While no one disputes that the outdated and colonial Police Act of 1861 needs to be replaced, the new legislation fails woefully on all counts of justice and democratic norms,” said a memorandum submitted to the Governor.

It said since policing was connected with the everyday lives of citizens, a thorough public debate was required before any new law was finally notified.

The delegation comprised PUCL State president Than Singh and secretary Kavita Srivastava, Sawai Singh of Samagra Seva Sangh, P.L. Mimroth of the Centre for Dalit Rights, Mohammed Salim of Jamat-e-Islami Hind, and Ajay Kumar Jain, Vijay Goel, Laad Kumari Jain, Pawan Surana and Nishat Hussain from other organisations.

The delegation pointed out that the Police Bill had failed to comply with the Supreme Court’s primary directive in the Prakash Singh vs. Union of India case to separate the law and order the crime investigation functions of police. The State Police Commission to be set up under the proposed law does not comply with any of the options directed by the apex court.

The Bill falters greatly on the question of accountability of police, which the Supreme Court wanted all State Governments to incorporate in their respective laws. The memorandum pointed out that the Bill did not provide for any penalties for criminal activities of policemen like rape, extortion and extra-legal killings. It only seeks to set up various committees with only recommendatory powers in this regard.

The Bill goes beyond its brief to define certain activities by the citizens as new offences and prescribes harsh penalties for them, thereby providing policemen with enormous potential for extortion.

For instance, throwing filth or driving cattle furiously or vending goods on the roadside can make anybody liable for being taken into custody for eight days without a warrant.

“Apart from encroaching upon the powers of municipalities and panchayats, the potential for the misuse of such provisions is obvious. The proposed legislation also brings through the backdoor the provisions of organised crime and acts of moral turpitude,” said the memorandum.

The delegation said the Bill gave wide powers to the executive to crush democratic, constitutional and peaceful expressions of dissent.

Besides, instead of detailing measures of police welfare, better equipage and police efficiency, the Bill seeks to draft sections of the public as Special Police Officers for vigilante activities.

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