Law Relating to Affidavit in India by skv16613

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									                                                                                                                    POLICE REFORMS
                                                                                                STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

AS ON MARCH 2010
                                                                TABLE OF STATE AND UNION TERRITORIES COMPLIANCE WITH SUPREME COURT DIRECTIVES
                                                                                                 Prakash Singh and Others Vs Union of India and Others
                                                                                                                                       Separation between law
                                                    State Security         Selection and Tenure for      Minimum tenure for I.G.                                        Police Establishment           Police Complaints         PASSED OR DRAFTING A
     STATES                  Status                                                                                                     and order and crime
                                                 Commission (SSC) (1)              DGP (2)               & other field officers (3)                                       Board (PEB) (5)                Authority (6)              NEW POLICE ACT
                                                                                                                                          investigation (4)
   Andaman &            Non compliance Not complied                        Does not need to comply Partial compliance                 Not compiled                   Partial compliance            Not complied                  Does not need to comply
 Nicobar Islands
                                                1. SSC to be set up by                                  1. Officers above the level 1. Law and order not             1. PEB set up for officers of 1.Chief Secretary of A&N      MHA has to draft a police
                                                the MHA. Not set up till   1. The IGP is the senior-    of SHO are posted by the separated from investigation.       DySP and below                proposes a state and          legislation, so far no attempt
                                                date.                      most officer.                MHA                         The "because there is less                                     district level PCA but is     to pass a new legislation
                                                                           2. IGP is appointed by the                               than 10 lakh population" in      2. MHA to set up PEB for      silent on its functions and   has been made
                                                2. MHA has added 3
                                                                           MHA. Up to the MHA to                                    A&N.                             SP and above                  powers
                                                more govt officials in
                                                suggested model            comply with the selection
                                                                           and tenure of IGP            2. UT administration                                         3. PEB does not function as
                                                a) Home Secretary
                                                                                                        ensures minimum two year                                     a forum for appeal
                                                                                                                                                                                                   2. The MHA has stated in a
                                                b) Additional Secretary                                 tenure for SHOs
                                                                                                                                                                                                   press statement that PCAs
                                                c) Joint Secretary (UT)                                                                                                                            will be set up in each UT
                                                3. Leader of Opposition
                                                has been removed
                                                4. 2-3 other "members"
                                                will be included and
                                                nominated by MHA
Andhra Pradesh         Non compliance           Not complied               Not complied                 Claims compliance             Partial compliance             Compliance                    Not complied                  Not complied

                                                1. Govt. has opposed the 1. Govt. states that tenure    1. Complied via               1. Separation has taken        1. PEB set up for officers of 1. Govt. has opposed the      A drafting committee has
                                                creation of an SSC       cannot be guaranteed           G.O.Ms.No.61 dated 7th        place in 7 cities, however     DySP and below                creation of a state and       drafted a new Act which has
                                                2. Review petition       without amendment to the       Feb 2007                      only in realtion to                                          district level PCA            been submitted to the Home
                                                                                                                                                                     2. PEB does not function as
                                                rejected by SC in August All India Service Rules                                      investigation of Property
                                                                                                                                                                     a forum for appeal for IPS
                                                                                                                                                                                                                                 Ministry.
                                                2007                                                                                  Crimes
                                                                                                                                                                     officers
                                                                           2. Fixed tenure is not                                     2. Govt states that the
                                                                           needed for good                                            separation will be done in a
                                                                           performance                                                phased manner
                                                                           3. the UPSC cannot
                                                                           empanel candidates, the
                                                                           MHA has to make a
                                                                           change to the All India
                                                                           Service Rules
                                                                           4. Selection of the DGP is
                                                                           the State's prerogative
Arunachal Pradesh Partial                       Not complied               Complied                     Complied                      Complied                       Complied                      Partially complied            Not complied
                  compliance
                                                1. Govt included two       1. Complied via govt         1. Complied via govt          1. Complied via govt           1. Complied via govt          1. Only state level PCA set Draft Police Bill available but
                                                more officials on the SSC: notification dated 18th      notification dated 18th       notification dated 27th        notification dated 14th       up                          not introduced in the
                                                                           December 2006                December 2006                 February 2007                  December 2006                                             Assembly
                                                                                                                                                                                                   2. Chairperson and
                                                                                                                                                                                                   members are not fulltime
                                                a. Commissioner Home                                                                                                                               staff
                                                b. IGP
                                                2. Govt order silent on
                                                nature of powers the SSC
                                                holds




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                                                                                                                  POLICE REFORMS
                                                                                              STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                    Separation between law
                                                  State Security         Selection and Tenure for     Minimum tenure for I.G.                                        Police Establishment              Police Complaints        PASSED OR DRAFTING A
   STATES                  Status                                                                                                    and order and crime
                                               Commission (SSC) (1)              DGP (2)              & other field officers (3)                                       Board (PEB) (5)                   Authority (6)             NEW POLICE ACT
                                                                                                                                       investigation (4)


   Assam              Non compliance                Not complied               Not complied                 Not complied                    Complied                     Not complied                    Not complied                   Complied

                                                                         1. One year tenure for     1. Only SHO and SP have 1. Special Crime              1. PEB set up                            1. PCA has been set up       Assam Police Act, 2007
                                                                         DGP                        a fixed tenure          Investigation Unit set up in                                           only at state level          enacted
                                              1. SSC set up                                                                 urban police stations
                                              2. Govt officials on the   2. Premature removal       2. One year tenure      2. No specific section on     2. The PEB's mandate not                 2. Chairperson and
                                              body                       grounds too widely defined                         separation between law and adhered to                                  members appointed
                                                                         in the Act                                         order and crime investigation                                          directly by Govt. and not
                                                                                                                                                                                                   empanelled
                                              a. Chief Secretary                                      3. premature removal                                        3. DGP also has the power
                                                                                                      grounds are too vague                                       to transfer any officer up to
                                                                                                                                                                  the rank of Inspector “as
                                                                                                                                                                  deemed appropriate to meet
                                                                                                                                                                  any contingency", contrary
                                                                                                                                                                  to the vision of the directive

                                              b. Home Secretary
                                              3. Direct appointment of
                                              Independent members by
                                              Govt
                                              4. Mandate weakened

                                              5. No binding powers
    Bihar             Non compliance                Not complied               Not complied                 Not complied                Partially complied               Not complied                    Not complied                   Complied
                                              1. State Police Board set 1. DGP directly appointed     1. IGP and DIG not given     1. Partial separation of Law   1. PEB not been set up       1. District level Police     Bihar Police Act, 2007
                                              up.                       by Govt                       two year tenure              & order from crime                                          Accountability Authority set enacted and passed
                                                                                                                                   investigation.                                              up
                                              2.Composition does not 2. Selection criteria of DGP 2. Premature removal             2. State level Crime           2. Transfers and postings of 2. Composition of the
                                              comply with the directive. not adhered to           grounds too broad                Investigation Department,      police officers shall be     Authority not adhered to
                                              The Board has removed:                                                               Crime investigation Units      governed by the rules
                                                                                                                                   and district level Special     formulated by the Govt
                                              a. Chief Minister; b.      3. Act states that the DGP a. SHO and SP can be                                                                       3. No binding powers
                                                                                                                                   Investigation Cells set up
                                              Leader of opposition; c.   will normally have two     removed due to "any other
                                              retired judge; d.          years tenure               administrative reason"
                                              independent members
                                              3. Mandate weakened        4. Premature removal                                      3. No mention of whether                                        4. Mandate not clearly
                                                                         criteria broader than                                     there will be separation at                                     defined
                                                                         intended by the directive                                 police station level

                                              4. No binding power        a. DGP can be removed                                                                                                     5. All complaints of human
                                                                         due to "any other                                                                                                         rights abuses must be
                                                                         administrative reason”                                                                                                    directed to the SHRC

                                              5. Annual report not       5. DGP can be removed
                                              mandatory                  without consulting the SSC




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                                                                                                                      POLICE REFORMS
                                                                                                  STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                          Separation between law
                                                    State Security          Selection and Tenure for       Minimum tenure for I.G.                                          Police Establishment             Police Complaints         PASSED OR DRAFTING A
     STATES                  Status                                                                                                         and order and crime
                                                 Commission (SSC) (1)               DGP (2)                & other field officers (3)                                         Board (PEB) (5)                  Authority (6)              NEW POLICE ACT
                                                                                                                                              investigation (4)
Chhattisgarh           Non compliance           Not complied                Not complied              Not complied                      Not complied                     Not complied               Not complied                Complied
                                                1. State Police             1. Screening committee to 1. Premature removal              1. Law and order may be          1. PEB has been set up     1. No Police Accountability Chhattisgarh has passed a
                                                Commission (SPC) set        empanel the DGP           grounds too wide                  separated from crime                                        Authority has been set up new police legislation:
                                                up.                                                                                     investigation                                                                           Chhattisgarh Police Act,
                                                                                                                                                                                                                                2007
                                                2. SPC does not adhere      2. members of the                                                                            2. Does not have the power 2. Act states that a PAA
                                                to any of the models        screening committee not                                                                      to recommend postings,     may be set up and there is
                                                suggested                   defined                                                                                      appointments and transfers no provision for district
                                                                                                                                                                         for SP and above           PAAs

                                                3. No binding power         3. Two year tenure                                                                           3. PEB will not function as a   4. Selection procedure of
                                                                            subjected to                                                                                 forum for appeal for SP and     the members of the state
                                                                            superannuation                                                                               above                           PAA is not adhered to
                                                4. Annual report of SPC     4. Premature removal                                                                         4. Govt can review the          5. PAA cannot look into
                                                to be placed before the     grounds too wide                                                                             orders passed by the PEB        complaints six months after
                                                govt and not the                                                                                                                                         their occurrence nor can it
                                                Legislature                                                                                                                                              look into complaints that
                                                                                                                                                                                                         are covered by other
                                                                                                                                                                                                         complaints bodies

                                                                            5. DGP can be removed                                                                                                        6. Powers are not binding
                                                                            without consulting the SSC

 Delhi (National
Capital Territory of Non compliance                   Not complied                 Not complied                  Not complied                     Complied                      Not complied                    Not complied                  Not complied
      Delhi)
                                                1. No SSC set up            1. Affidavits filed by NCT    1. Neither the NCT nor the   1. Former Commissioner of         1. No PEB has been set up       1. No Police Complaints       Draft Delhi Police
                                                                            are silent on selection       MHA have institutionalised   Delhi stated in an affidavit in   for Delhi and no orders or      Authority set up for Delhi    (Amendment) Bill, 2010 is
                                                                            procedure and tenure of       tenure for officers on       2007 that the process of          notifications have been                                       underway. Lt Governor has
                                                                            DGP                           operational duties           separation between the two        passed in this regard                                         approved and likely to be
                                                                                                                                       wings were under progress                                                                       tabled in the Parliament this
                                                2. However MHA has          2. NCT states in its          2. In a letter from the MHA 2. However no orders or                                                                          session.
                                                stated in the press         affidavit that tenure will be it is reported that the UTs notifications have been
                                                release (24 December        by and large two years        has been asked to keep       passed to this effect
                                                2009) that they will set up                               tenure for key functionaries
                                                one SSC for all UTs                                       as far as possible to two
                                                                                                          years
                                                                            3. The affidavits of the
                                                                            NCT are silent on the
                                                                            removal grounds of the
                                                                            Commissioner
Dadra & Nagar          Non compliance           Not compliant               Does not need to comply Does not need to comply Not complied                                 Not complied                    Not compliant                 Not compliant
Haveli and Daman
& Diu
                                                                          1. MHA, has to decide on 1. Up to MHA to put fixed            1. No separation as           1. PEB will only decide on     1. Proposed to set up one
                                                1. SSC to be set up by    tenure for the IGP        tenure in place                     population less than 10 lakhs postings of police officers up PCA for both territories
                                                the MHA. Not set up till                                                                                              to the rank of Inspector
                                                date.
                                                2. UT requested to have a 2. By and large tenure of                                                                      2. No mention of the PEBs 2. Proposes that the UT will
                                                retd district Judge as    DIGs have been two years                                                                       powers in the 2007 affidavit empanel the members
                                                member




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                                                                                                                  POLICE REFORMS
                                                                                              STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                        Separation between law
                                                  State Security         Selection and Tenure for        Minimum tenure for I.G.                                          Police Establishment          Police Complaints         PASSED OR DRAFTING A
   STATES                  Status                                                                                                        and order and crime
                                               Commission (SSC) (1)              DGP (2)                 & other field officers (3)                                         Board (PEB) (5)               Authority (6)              NEW POLICE ACT
                                                                                                                                           investigation (4)

     Goa              Non compliance             Partially complied      Does not need to comply              Not complied                    Not complied                      Complied                Partially complied               Not complied
                                              1. SSC has been set up     1. Govt has no jurisdiction    1. Affidavit in April 2007,    1. Separation between law & 1. Full compliance with this     1. Goa has set up a state     Goa Police Bill, tabled in the
                                                                         over selection and tenure      states that key                order and crime investigation directive                      level PCA                     Legislature and referred to a
                                                                         of the DGP - responsibility    functionaries should have      has not taken place                                                                        select committee in 2008.
                                                                         lies with the Centre           two years tenure

                                              2. Composition not       2. MHA has not complied          2. However no orders or        2. Goa Govt stated in its                                    2. The Chairperson and
                                              complied with (no second with the directive               notifications have been        March 2007 affidavit that “it                                members of the PCA are
                                              judge as member)                                          passed in this regard          is not administratively                                      directly appointed by the
                                                                                                                                       feasible" for Goa to separate                                Govt. and not empanelled
                                                                                                                                       the two wings                                                as suggested by the
                                                                                                                                                                                                    directive
                                              3. Govt. order silent on                                  3. Removal process for
                                              nature of powers                                          officers on operational duty
                                                                                                        not defined
   Gujarat            Non compliance                Not complied             Partially complied             Partially complied                Not complied                    Not complied                 Not complied                    Complied
                                              1. SSC has been set up     1. DGP is ensured two          1. Officers on operational     1. The two wings "may" be       1. PEB has been set up.      1. State and District level   Bombay Police (Gujarat
                                                                         years tenure irrespective of   duties have two years          separated                                                    PCAs set up                   Amendment) Act, 2007
                                                                         superannuation                 tenure                                                                                                                    passed.
                                              2. None of the models      2. Selection criteria not      2. Premature removal                                           2. PEB also includes the Dy. 2. Composition not
                                              adhered to                 specified                      grounds are too wide                                           Secretary (Personnel) Home adhered to
                                                                                                                                                                       Department as a member

                                              3. Recommendations are 3. Screening of candidates                                                                        3. Cannot make               4. State level PCA can only
                                              not binding                to be made by a                                                                               recommendations on           take cognisance of
                                                                         committee. Members of                                                                         postings and transfers for   complaints not covered by
                                                                         the committee not                                                                             SP and above                 any other commissions
                                                                         specified
                                              4. SSC is not mandated 4. DGP can be removed                                                                             4. Mandate has been diluted 3. State level PCA does not
                                              to put their report before without consulting the SSC                                                                                                have binding power but
                                              the State Legislature                                                                                                                                district level PCA has
                                                                                                                                                                       5. Board does not function
                                                                                                                                                                       as a forum for appeal for
                                                                                                                                                                       officers of SP and above




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                                                                                                                      POLICE REFORMS
                                                                                                  STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                        Separation between law
                                                    State Security            Selection and Tenure for    Minimum tenure for I.G.                                       Police Establishment            Police Complaints          PASSED OR DRAFTING A
     STATES                  Status                                                                                                      and order and crime
                                                 Commission (SSC) (1)                 DGP (2)             & other field officers (3)                                      Board (PEB) (5)                 Authority (6)               NEW POLICE ACT
                                                                                                                                           investigation (4)
     Haryana            Non compliance                Not complied                  Not complied                Not complied                    Complied                    Not complied                  Not complied                     Complied
                                                1. State Police Board set 1. DGP directly appointed      1. Only one year tenure for 1. Crime investigation units    1. Police Establishment        1. State level PCA set up.     Haryana Police Act, 2007
                                                up                        by the Govt No selection       Police officers on          set up in every district        Committee may be set up        District level PCA may be      passed
                                                                          procedure is laid down.        operational duties                                                                         set up

                                                2. Composition not            2. Tenure of only one year 2. No fixed tenure for SHO 2. The officers posted will      2. Mandate of the PEC is       2. State level PCA is a one
                                                adhered to                    tenure                                                not be diverted to other         diluted                        man Authority
                                                                                                                                    duties
                                                3. Home Minister and                                     3. Premature removal                                        3. PECs recommendations        3. Chairperson to be a civil
                                                Home Secretary as                                        grounds too wide                                            should be normally             servant
                                                additional members on                                                                                                accepted finds no mention
                                                the Board
                                                4. One of the independent                                                                                                                           4. State level PCA does not
                                                members is an IAS officer                                                                                                                           have binding powers

                                                5. Submission of an
                                                Annual report before the
                                                Legislature not
                                                mandatory.
                                                6. Nature of powers not
                                                defined

Himachal Pradesh        Non compliance                Not complied                  Not complied                Not complied                    Complied                    Not complied                  Not complied                     Complied

                                                1. State Police Board set 1. DGP empanelled by           1. Two year tenure not        State Criminal Investigation 1. Police Establishment         1. PCAs created at both        Himachal Pradesh Police
                                                up                        screening committee            given to IGP and DIG          Department, district level      Committee set up             state and district levels      Act, 2007 passed
                                                                                                                                       special cells and station level
                                                                                                                                       Criminal Investigations Units
                                                                                                                                       set up.
                                                2. Composition not            2. No fixed tenure. DGP    2. Premature removal                                          2. Committee has a limited   2. State PCA will be
                                                adhered to. In addition to    shall have tenure until    grounds are too wide                                          mandate                      comprised of the
                                                proposed model it             superannuation                                                                                                        Lokayukta
                                                includes:
                                                a. Two Principal              3. Premature removal                                                                                                  3. District PCA headed by a
                                                Secretaries (Social           grounds are too wide                                                                                                  Divisional Commissioner
                                                Justice and Finance)
                                                b. Director of prosecution,                                                                                                                         4. Power of the PCA will be
                                                Director of Forensic and                                                                                                                            "as may be prescribed"
                                                Director of Police Training
                                                Academy

                                                3. SPB's mandate with                                                                                                                               5. District PCA's only
                                                regard to performance                                                                                                                               mandate is to forward
                                                evaluations not defined                                                                                                                             complaints to the state
                                                                                                                                                                                                    level PCA
                                                4. Powers not binding
                                                5. Annual report will be
                                                given to Govt. not
                                                Legislative Assembly




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                                                                                                                      POLICE REFORMS
                                                                                                  STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                        Separation between law
                                                    State Security            Selection and Tenure for    Minimum tenure for I.G.                                         Police Establishment             Police Complaints           PASSED OR DRAFTING A
     STATES                  Status                                                                                                      and order and crime
                                                 Commission (SSC) (1)                 DGP (2)             & other field officers (3)                                        Board (PEB) (5)                  Authority (6)                NEW POLICE ACT
                                                                                                                                           investigation (4)

Jammu & Kashmir         Non compliance                Not complied                  Not complied             Partially complied                Not complied                 Partially complied                Not complied                    Not complied
                                                1. State seeking            1. Candidates for the post   1. Officers on operational    1. Govt seeks exemption          1. PEB has been set up         1. Govt seeks exemption         No new legislation or Draft
                                                exemption from this         of DGP are empanelled by     duties are ensured two        from this directive in view of                                  from this directive             underway
                                                directive as the creation the Union Govt.                year minimum tenure           the security situation in the
                                                of a SSC is not feasible in                                                            state
                                                view of the security
                                                situation in the state
                                                                            2. Selection criteria not    2. Grounds for premature                                       2. PEB cannot make
                                                                            defined in in affidavits.    removal not defined                                            recommendation regarding
                                                                                                                                                                        SP and above




                                                                              3. Premature removal                                                                      3. Powers are not binding
                                                                              grounds not defined in
                                                                              affidavits.
   Jharkhand            Non compliance                Not complied                  Not complied                Not complied                Partially complied                 Not complied                   Not complied                    Not complied
                                                1. SSC has been set up        1. Govt sent letter to the 1. Officers on operational    1. Separation in four cities     1. PEB set up                  1. State and district level     No new legislation or Draft
                                                                              UPSC to empanel            duty shall generally have     has been done.                                                  PCAs set up                     underway
                                                                              candidates for post of DGP two years tenure

                                                2. Composition not            2. Objection to granting two 2. Removal grounds too                                       2. Mandate limited. Does        2. Nature of powers of
                                                adhered to. Advocate          year tenure because of the wide                                                           not have the powers to          State PCA not defined
                                                General also on the           limited removal grounds                                                                   dispose representations
                                                Comission                                                                                                               from police officers related
                                                                                                                                                                        to promotions and being
                                                                                                                                                                        subject to illegal or irregular
                                                                                                                                                                        orders
                                                3. Notification silent on                                                                                                                               3. District PCA has
                                                submission of annual                                                                                                                                    recommendatory powers
                                                report to State Legislature

                                                4. Nature of powers not
                                                defined
   Karnataka            Non compliance                Not complied                  Not complied                Not complied                     Complied                   Partially complied                Not complied                    Not complied
                                                1. SSC has been set up        1. Objection to UPSC       1. No two year tenure for     1. Govt. states that the two     1. PEB has been set up         1. No state or district level   Draft Police Bill available. Its
                                                                              empanelling officers       IGP, DIGP or SP               wings are already separated                                     PCAs set up                     status is not known.
                                                                                                                                       due to the Commissionerate
                                                                                                                                       system
                                                2. Composition has not        2. No fixed tenure. DGP                                  2. However no orders or          2. Mandate limited. Board
                                                been adhered to. It has       shall have tenure until                                  notifications have been          does not function as a forum
                                                included:                     superannuation                                           passed to this effect            for appeal
                                                a. Chief Minster and          3. Removal grounds not
                                                Home Minister; b. Chief       listed
                                                Secretary and Additional
                                                Chief Secretary




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                                                                                                                    POLICE REFORMS
                                                                                                STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                       Separation between law
                                                    State Security         Selection and Tenure for      Minimum tenure for I.G.                                          Police Establishment          Police Complaints         PASSED OR DRAFTING A
     STATES                  Status                                                                                                     and order and crime
                                                 Commission (SSC) (1)              DGP (2)               & other field officers (3)                                         Board (PEB) (5)               Authority (6)              NEW POLICE ACT
                                                                                                                                          investigation (4)
      Kerala            Non compliance                Not complied               Not complied                 Not complied                    Not complied                     Not complied                Not complied                    Complied
                                                1. SSC has been set up     1. DGP directly appointed    1. IGP is not ensured two     1. The two wings may be          1. PEB has been set up       1. State and district PCAs    Kerala Police (Amendment)
                                                                           by the Govt                  year tenure                   separated                                                     set up                        Act, 2007 passed. Kerala
                                                                                                                                                                                                                                  Draft Police Act likely to be
                                                                                                                                                                                                                                  tabled in Legislature this
                                                                                                                                                                                                                                  session.

                                                2. Composition not         2. Two year tenure subject 2. Premature removal                                             2. PEB only addresses           2. PCAs have serving IPS
                                                adhered to. Minster in     to superannuation          grounds too wide                                                 complaints relating to          and IAS officers as
                                                charge of Law instead of                                                                                               transfers, promotions and       members
                                                Judge as member                                                                                                        postings- ultimate decision
                                                                                                                                                                       rests with the state. It is not
                                                                                                                                                                       deciding on these issues

                                                3. Powers weakened in      3. Premature removal                                                                        3. PEB's decisions are not   3. Selection procedure not
                                                case of an emergency       grounds are too wide                                                                        binding.                     followed
                                                situation
                                                4. Recommendations will    4. DGP can be removed
                                                be binding on the Police   without consultation with
                                                not the state government   the SSC

                                                5. Govt. can reject or
                                                modify any
                                                recommendation of the
                                                SSC
Lakshwadeep            Non compliant            Not complied               Does not need to comply Partial compliance                 Not complied                     Not complied                 Not complied                  Not complied

                                                It has been proposed that 1. IGP is the senior-most     1. Both Administrator and     Affidavit is silent on the issue Affidavit is silent on the   No PCA set up till date.    No new legislation or Draft
                                                an SSC will be set up     officer.                      SP are posted by MHA.         of separation of law and         creation of a Police         MHA has stated in a press underway
                                                under the chairmanship of                                                             order from investigation         Establishment Board          statement that PCAs will be
                                                Administrator with the                                                                                                                              set up in each UT
                                                following members:

                                                a. Home Secretary          2. IGP is appointed by the   2. SP has issued an order
                                                                           MHA. Up to the MHA to        that minimum of 2 years
                                                                           comply with the selection    tenure to be ensured for
                                                                           and tenure of IGP            SHOs

                                                b. SP
                                                c. District & Sessions
                                                Judge
 Madhya Pradesh         Non compliance                Not complied             Partially complied               Complied                      Not complied                     Not complied                Not complied                  Not complied
                                                1. No SSC set up till date. 1. DGP has two years        1. Officers on operational    1. Separation not done. Govt 1. PEB is set up with limited 1. No PCA set up till date. No new legislation or Draft
                                                Govt requested a four       tenure                      duties have two year          requested a four month       mandate.                      Govt requested a four       underway
                                                month extension to                                      tenure                        extension to comply in 2007                                month extension to comply
                                                comply in 2007                                                                                                                                   in 2007
                                                                            2. DGP directly appointed                                                              2. Govt. can intervene with
                                                                            by the Govt.                                                                           the PEBs decision
                                                                            3. Premature removal
                                                                            grounds too wide




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                                                                                                                  POLICE REFORMS
                                                                                              STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                       Separation between law
                                                  State Security          Selection and Tenure for       Minimum tenure for I.G.                                     Police Establishment             Police Complaints         PASSED OR DRAFTING A
   STATES                  Status                                                                                                       and order and crime
                                               Commission (SSC) (1)               DGP (2)                & other field officers (3)                                    Board (PEB) (5)                  Authority (6)              NEW POLICE ACT
                                                                                                                                          investigation (4)
Maharashtra           Non compliance               Not compliant                Not compliant                 Not compliant               Partially compliant         Partially compliant               Not compliant                  Not compliant
                                              1. SSC has been set up      1. DGP directly appointed     1. Officers on operational  1. Govt states that the two 1. PEB has been set up            1. State and district PCAs    No legislation or draft
                                                                          by the Govt                   duties have three year      wings are already separated                                   set up.                       underway
                                                                                                        tenure                      due to the Commissionerate
                                                                                                                                    system
                                              2. Composition not          2. Three years tenure         2. Objection to grounds for                             2. Transfers, postings and        2. State and district PCAs
                                              adhered to. Inclusion of    subject to superannuation     removal                                                 promotions will be decided        have serving IAS and IPS
                                              Chief Secretary as                                                                                                in the purview of Govt.           officer as members
                                              member                                                                                                            Servants Regulation, 2005
                                              3. Commission has           3. Objection to grounds for                                                                                             3. State and district PCAs
                                              advisory powers             removal                                                                                                                 do not have the mandate to
                                                                                                                                                                                                  look into serious
                                                                                                                                                                                                  misconduct.
                                                                                                                                                                                                  4. Powers are not binding.


   Manipur            Non compliance             Partially compliant         Partially compliant                Complied                     Not complied                Not complied                   Not compliant                  Not compliant
                                              1. SSC has been set up      1. Empannelment by            1. Full compliance with this 1. Govt. states that         1. PEB has been set up          1. State and district PCAs    No legislation or draft
                                                                          UPSC.                         directive                    separation between the two                                   set up.                       underway
                                                                                                                                     wings do not apply to them
                                                                                                                                     as they do not have a city
                                                                                                                                     with 10lakh population
                                              2. Powers are not binding 2. Two years tenure                                                                       2. PEB not mandated to          2. Selection process of the
                                                                        subject to superannuation                                                                 decide on their promotions      members are not adhered
                                                                                                                                                                  and other service related       to
                                                                                                                                                                  matters as well for DySP
                                                                                                                                                                  and below
                                                                                                                                                                  3. PEB does not have the        3. Powers are
                                                                                                                                                                  mandate to function as a        recommendatory
                                                                                                                                                                  forum for appeal
                                                                                                                                                                  4. PEB not mandated to
                                                                                                                                                                  review the functioning of the
                                                                                                                                                                  police
                          Partial
 Meghalaya                                          Not complied                  Compliant                     Compliant                    Not complied             Partial compliance                Not complied                   Not complied
                        compliance
                                              1. SSC has been             1. DGP has a fixed two-       1. Police officers on         1. Separation of the two     1. PEB has been set up         1. PCA is set up only on      No legislation or draft
                                              established.                year tenure                   operational duty have been    wings not done because no                                   state level and not on        underway
                                                                                                        granted a minimum two-        city has more than a 10 lakh                                district level
                                                                                                        year tenure                   population.


                                              2. The suggested models 2. the MHA is responsible                                                                   2. The Board does not           2. Members of the PCA are
                                              not adhered to: a) It does for the selection process of                                                             function as a forum for         directly appointed and not
                                              not include a judge        the DGP since Meghalaya                                                                  appeal                          empannelled as envisaged
                                                                         falls under the joint cadre

                                              3. Powers are not binding                                                                                                                           3. The PCA has not
                                                                                                                                                                                                  explicitly been provided
                                                                                                                                                                                                  with binding powers




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                                                                                                                     POLICE REFORMS
                                                                                                 STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                      Separation between law
                                                  State Security             Selection and Tenure for   Minimum tenure for I.G.                                      Police Establishment            Police Complaints          PASSED OR DRAFTING A
   STATES                  Status                                                                                                      and order and crime
                                               Commission (SSC) (1)                  DGP (2)            & other field officers (3)                                     Board (PEB) (5)                 Authority (6)               NEW POLICE ACT
                                                                                                                                         investigation (4)

  Mizoram             Non compliance                Not complied                     Complied                   Complied                    Not complied                 Not complied                   Not complied                   Not complied
                                              1. SSC has been                1. DGP candidates       1. Officers on operational      1. Govt requests to be        1. PEB has been set up.       1. No PCA set up till date. No legislation or draft
                                              established.                   empannelled by the UPSC duties have two year            exempted from separating                                    The Govt seeks exemption underway
                                                                                                     tenure                          the two wings due to the size                               from the responsibility to
                                                                                                                                     and population of the State.                                create district and state
                                                                                                                                                                                                 level PCAs
                                              2. Not adhered to any of       2. DGP candidates          2. Grounds for premature                                  2. The PEB has                 2. State claimes it does not
                                              the models: a) not             selected on a merit based, removal completely                                        recomendatory powers - it is   have any retired High Court
                                              included a judge; b) nor       transparant process        adhered to                                                only empowerd to consider      or District judges to head
                                              included independent                                                                                                transfers, postings and        the Authortities.
                                              members                                                                                                             appointments.

                                              3. Nature of powers not        3. DGP has minimum
                                              specified.                     tenure of two years
  Nagaland           Non compliance                 Not complied                    Compliant                  Compliant                    Not complied                 Not complied                   Not complied                   Not complied
                                              1. SSC has been                1. the DGP is appointed    1. Police officers on        1. Nagaland Govt has stated 1. PEB has been set up.         1. State and district level    No legislation or draft
                                              established.                   through a merit based,     operational duty have two    it will be separating the two                               PCAs have been set up.         underway
                                                                             transparent process with   year tenure                  wings but has failed to
                                                                             the involvement of the                                  outline concrete steps to that
                                                                             UPSC                                                    extent
                                              2. Not adhered to any of       2. the DGP enjoys a        2. Grounds for premature                                  2. Mandate limited. The        2. Nature of powers not
                                              the models: a) not             minimum tenure of two      removal in line with SC                                   PEB is not mandated to         defined.
                                              included independent           years                      directive.                                                function as a forum of
                                              members                                                                                                             appeal
                                              3. Nature of powers not
                                              specified.
                                              4. It is silent on the SSC’s
                                              mandate to evaluate the
                                              performance of the police


                                              5. Silent on the
                                              requirement to submit
                                              annual report before the
                                              State Legislature




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                                                                                                                     POLICE REFORMS
                                                                                                 STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                           Separation between law
                                                    State Security          Selection and Tenure for      Minimum tenure for I.G.                                          Police Establishment             Police Complaints           PASSED OR DRAFTING A
     STATES                  Status                                                                                                         and order and crime
                                                 Commission (SSC) (1)               DGP (2)               & other field officers (3)                                         Board (PEB) (5)                  Authority (6)                NEW POLICE ACT
                                                                                                                                              investigation (4)
Orissa                 Non compliance           Not complied                Not complied                 Not complied                     Partially complied            Partially complied              Not complied                    Not complied

                                                1. No SSC set up till date. 2. DGP directly selected   1. Tenure is “normally”      1. Separation of the two            1. PEB has been set up.         1. PCA created at State         Orissa Govt. has constituted
                                                                            and appointed by the state provided for police officers wings taken place in                                                and District Level under the    a Draft Committee and a
                                                                            government                 on operational duties        Bhubaneshwar and Cuttack                                            Lokpal and Lakayuktas Act,      working group but has still
                                                                                                                                                                                                        1995                            not submitted the Draft to
                                                                                                                                                                                                                                        the Legislature

                                                2. In January 2008, the      2. Tenure is provided “as   2. The premature removal 2. There is no mention of             2. Mandate limited. PEB         2. The order is silent on the
                                                Govt states in its affidavit far as possible”            grounds wider than       separation in any other cities        cannot make                     composition and power of
                                                that it is still examining                               provided for in the SC                                         recommendations to Govt         the PCAs.
                                                which model to use and                                   directive                                                      regarding transfers and
                                                that the decision will be                                                                                               postings of officers at level
                                                “taken up shortly”                                                                                                      of and above

                                                                             3. Tenure subject to                                                                       3. PEB does not have the     3. The Lokpal will be the
                                                                            retirement, voluntary                                                                       power to function as a forum head of the PCA. This is in
                                                                            retirement, posting on                                                                      of appeal                    direct violation of the SC
                                                                            Central deputation or                                                                                                    directive
                                                                            relieved of the post for
                                                                            personal reasons
                                                                            4. Govt may remove the                                                                      4. The PEB only mandated
                                                                            DGP without consulting the                                                                  to decide transfers and
                                                                            SSC                                                                                         postings of DySP and below
                                                                                                                                                                        but is silent on promotion
                                                                                                                                                                        and “other service related
                                                                                                                                                                        matters of officers”

Puducherry             Non compliance           Not complied                Does not need to comply Not complied                          Partially complied            Not complied                    Not complied                    Not complied

                                                1. No SSC set up till date. 1. IGP is the senior-most    1. Govt has not given two        1. Separation of law and      1. No PEB set up till date.     1. No PCA set up till date. Centre not suggested any
                                                                            officer.                     years tenure for officers on     order from investigation has                                  The Govt seeks exemption Draft for Uts
                                                                                                         operational duties but           only taken place in seven out                                 from this directive as the
                                                                                                         stated that it is taking steps   of 41 police stations.                                        HRC and Vigilance Dept
                                                                                                         to ensure this                                                                                 are already tasked with this
                                                                                                                                                                                                        responsibility.

                                                2. Govt States it has       2. IGP is appointed by the                                                                  2. it has stated that it will
                                                taken steps to set up a     MHA. Up to the MHA to                                                                       appoint a PEB chaired by
                                                SSC based on the Soli       comply with the selection                                                                   the DIG, with four senior
                                                Sorabjee model              and tenure of IGP                                                                           police officers as members




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                                                                                                                   POLICE REFORMS
                                                                                               STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                      Separation between law
                                                  State Security         Selection and Tenure for       Minimum tenure for I.G.                                            Police Establishment            Police Complaints      PASSED OR DRAFTING A
   STATES                  Status                                                                                                      and order and crime
                                               Commission (SSC) (1)              DGP (2)                & other field officers (3)                                           Board (PEB) (5)                 Authority (6)           NEW POLICE ACT
                                                                                                                                         investigation (4)
   Punjab             Non compliance               Not complied                 Not complied                 Not complied                 Partially complied                   Not complied                   Not complied                Complied
                                              1. State Police Board has 1. DGP is directly             1. Police officers on         1. Law & Order and Crime     1. PEC has been set up. 2.            1. PCA 'may' be created   Punjab Police Act, 2007
                                              been set up               appointed by the Govt          operational duties only       Investigation may be         It can only decide transfers                                    passed
                                                                                                       have 1 year tenure            separated in municipal areas and postings of the DySP
                                                                                                                                     as may deem appropriate

                                              2. It does not adhere to   2. Act is silent on the       2. Premature removal          2. Crime investigation units       3. The PEC only has
                                              any of the models          selection criteria as laid    grounds are too wide          in every district will be set up   recommendatory powers in
                                              suggested: a) there are    down in the SC directive                                    and the personnel in these         relation to postings of DySP
                                              no independent members                                                                 units shall not be diverted to     and below
                                              on the Board; b) nor a                                                                 any other duties.
                                              judge; c) nor the Leader
                                              of Opposition
                                              3. The SPB does not        3. Ttwo year tenure subject                                                                    4. The Act also provides the
                                              have binding powers.       to superannuation                                                                              DGP with discretionary
                                                                                                                                                                        power to decide transfers,
                                                                                                                                                                        postings, and promotions if
                                                                                                                                                                        he so desires
                                              4. Annual Policing Plan    4. Premature removal                                                                           5. The PEC is not mandated
                                              shall be drafted by the    grounds are too wide                                                                           to function as a forum for
                                              State Government in                                                                                                       appeal for officers of SP and
                                              consultation with the                                                                                                     above
                                              SPB, violating the
                                              directive
                                                                         5. DGP can be removed                                                                          6. The PEC not mandated to
                                                                         without consulting the SSC                                                                     generally review the function
                                                                                                                                                                        of the police




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                                                                                                                    POLICE REFORMS
                                                                                                STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                      Separation between law
                                                  State Security           Selection and Tenure for      Minimum tenure for I.G.                                   Police Establishment            Police Complaints         PASSED OR DRAFTING A
   STATES                  Status                                                                                                      and order and crime
                                               Commission (SSC) (1)                DGP (2)               & other field officers (3)                                  Board (PEB) (5)                 Authority (6)              NEW POLICE ACT
                                                                                                                                         investigation (4)
  Rajasthan           Non compliance                Not complied                 Not complied                 Not complied                Not complied                 Not complied                  Not complied                   Complied
                                              1. SSC has been set up       1. UPSC not involved in      1. Officers on operational 1. Law & Order may be        1. PEB has been set up.        1. PCAs set up at State      Rajasthan Police Act, 2007
                                                                           empanelment process.         duties have been granted a separated from Investigation                                and District levels. The Act passed.
                                                                                                        two-year tenure                                                                        sets up PCAs
                                                                           2. Selection critera have    2. Premature removal                                    2. Mandate limited.            2. The members at “ Sate
                                                                           not been laid down.          grounds are too wide                                                                   Committee” are to be
                                                                                                                                                                                               empanelled by the State.
                                              2. The composition does      3. DGP can be removed                                                                                               3. The PCA will have
                                              not follow any of the        without consulting the SSC                                                                                          serving officer of the rank
                                              models suggested:                                                                                                                                of ADG as its Member
                                                                                                                                                                                               Secretary
                                              a) SSC only has three        4. Premature removal                                                                 3. Only mandated to a)         4. The members at District
                                              independent members.         grounds are too wide                                                                 granting recruitment of        Committee are selected by
                                                                                                                                                                constables and b) deciding     the State Government
                                                                                                                                                                promotion and transfers of
                                                                                                                                                                officers upto the rank of
                                                                                                                                                                Dy.SP.
                                              3. Mandate limited. Can                                                                                           4. Nature of powers not        5. Both PCAs have only
                                              only advise and assist                                                                                            defined.                       recommendatory powers
                                              the state government in
                                              laying down policy
                                              guidelines and evaluating
                                              the performance of the
                                              state police respectively.

                                              4. Nature of powers not
                                              defined
    Sikkim            Non compliance                Not complied                 Not complied                  Not complied                   Complied                   Not complied                 Not complied                  Complied
                                              1. State Police Board        1. DGP empannelled by a      1. Two year tenure for      1. Separation of the two     1. PEC has been set up        1. Only State level PCA set Sikkim Police Act, 2008
                                              (SPB) set up.                “Screening Committee”        officers on operational     wings depending on the level                               up.                         passed in August 2008.
                                                                           headed by the Chief          duties                      of crime, or size of area.
                                                                           Secretary                                                Creation of a Special Crime
                                                                                                                                    Investigation Unit.
                                               2. SPB does does not        2. Two year tenure subject 2. Tenure not extended to                                  2. Limited mandate. PEC to    2. The composition of the
                                              adhere to any of the         to superannuation          all the officers as laid down                              approve postings and          state PAC is not adhered to
                                              models suggested. It                                    by the Court                                               transfers of officers below   - it only has two members
                                              includes:                                                                                                          the rank of DySP
                                               a) Sec in charge of the     3. Premature removal         3. Premature removal                                    3. PEC not mandated to         3. The Empannelment
                                              Home; b) Sec in charge       grounds too wide             grounds too wide                                        decide on promotions of        process of the Chairperson
                                              of Finance; c) Sec in                                                                                             DySP and below.                is not adhered to - the
                                              charge of Social Welfare                                                                                                                         Chief Justice will only be
                                              and; d) Sec in charge of                                                                                                                         consulted on who to
                                              Empowerment.                                                                                                                                     appoint

                                              3. SPB's decisions are                                                                                            4. Can only look into service 4. Members of the PAC will
                                              not expressly binding on                                                                                          related matters of the DySP be selected on the
                                              the government.                                                                                                   and above                     recommendation of a
                                                                                                                                                                                              selection panel set up by




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                                                                                                                    POLICE REFORMS
                                                                                                STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                      Separation between law
                                                     State Security         Selection and Tenure for    Minimum tenure for I.G.                                       Police Establishment            Police Complaints          PASSED OR DRAFTING A
      STATES                  Status                                                                                                   and order and crime
                                                  Commission (SSC) (1)              DGP (2)             & other field officers (3)                                      Board (PEB) (5)                 Authority (6)               NEW POLICE ACT
                                                                                                                                         investigation (4)
                                                                                                                                                                   5. The Act states that the     5. Limited mandate.
                                                                                                                                                                   PEC can only recommend         Cannot look into extortion,
                                                                                                                                                                   transfers of SP and above      land/house grabbing or
                                                                                                                                                                                                  any other incident involving
                                                                                                                                                                                                  serious abuse of authority.


                                                                                                                                                                   6. PEC only functions as a 6. Powers are not binding
                                                                                                                                                                   forum of appeal in relation to
                                                                                                                                                                   transfers
Tamil Nadu              Non compliance           Not complied               Not complied                Not complied                 Partial compliance            Not complied                   Not complied                   Not complied
                                                 1. No SSC set up till date 1. DGP directly appointed   1.No steps taken to          1. Separation to take place   1. Police Establishment   1. No PCA set up till date          The Tamil Nadu Police Bill
                                                                            by government panel -       guarantee fixed tenure to    at police station level       Committee has been set up                                     was introduced in the
                                                                            Home Secretary through      officers on operational                                    but chaired by ADGP                                           Assembly on 14 May 2008
                                                                            Chief Secretary, Chief      duty.                                                      instead of DGP.                                               but has still not been
                                                                            Minster and Governor                                                                                                                                 passed
                                                                            2.Tenure subject to                                                                    2. PEC has limited mandate.
                                                                            superannuation                                                                         Committee will recommend
                                                                                                                                                                   postings and transfers for
                                                                                                                                                                   SP and above but not ADGP
                                                                                                                                                                   and DGP.
                                                                           3. DGP can be removed                                                                   3. PEC’s power to decide
                                                                           without consulting the SSC                                                              transfers of Inspector can
                                                                                                                                                                   delegated to “appropriate
                                                                                                                                                                   authority”.
                                                                                                                                                                   4. PEC does not function as
                                                                                                                                                                   a forum for appeal.

Tripura                 Non compliant            Not complied              Not complied                 Not complied                 Not complied                  Not complied                   Not complied                   Complied
                                                 1. State Police Board     1. DGP directly appointed 1. No fixed tenure for the      1. Separation may take        1. Police Establishment        1. Only State level Police Tripura Police Act, 2007
                                                 (SPB) set up.             by the Govt. No           DIG and IGP                     place, if considered          Committee (PEC) set up         Accountability Commission passed.
                                                                           independent body to                                       necessary, at police stations                                (PAC) set up
                                                                           empannel DGP candidates                                   in crime-prone areas

                                                 2. Composition has not    2. Two year tenure subject                                                              2. Mandate of PEC limited.     2. Chairperson and
                                                 been adhered to. It       to superannuation                                                                       It can only examine            members directly
                                                 includes the Sec - Home                                                                                           complaints of illegal orders   appointed by the Govt.
                                                 Department and excludes                                                                                           from police officers
                                                 the Leader of Opposition
                                                 3. SPB only has two                                                                                               3. PEC has no binding          3. PAC does not have
                                                 independent member                                                                                                powers.                        binding powers.
                                                 appointed directly by the
                                                 Govt
                                                                                                                                                                   4. The Govt may suo-motu,
                                                                                                                                                                   make transfers and postings
                                                                                                                                                                   to meet any contingency




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                                                                                                                     POLICE REFORMS
                                                                                                 STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                          Separation between law
                                                    State Security          Selection and Tenure for        Minimum tenure for I.G.                                        Police Establishment           Police Complaints         PASSED OR DRAFTING A
     STATES                  Status                                                                                                        and order and crime
                                                 Commission (SSC) (1)               DGP (2)                 & other field officers (3)                                       Board (PEB) (5)                Authority (6)              NEW POLICE ACT
                                                                                                                                             investigation (4)
Uttar Pradesh          Non compliant            Not complied                Not complied                    Not complied                 Partial compliance             Not complied                  Not complied                  Not complied
                                                1. SSC has been set up.     1. DGP to be appointed by 1. Not complied with. Govt.        1. Separation between the      1. PEB has been set up and    1. No PCA set up till date.   Drafting committee
                                                                            selection committee            objects to the directive.     two wings will take place in   composition adhered to in     Govt. opposes this            constituted on 1st January
                                                                            comprising the Chief                                         those Kotwalis that are        spirit of the directive       directive                     2007. However no draft
                                                                            Secretary, Principal                                         headed by Inspectors.                                                                      available till date.
                                                                            Secretary Home and
                                                                            Principal Secretary to the
                                                                            Chief Minister.
                                                2. Composition not          2. Selection criteria not laid                                                              2. Mandate weakened. It
                                                adhered to. It has          down in the order                                                                           merely states “powers
                                                included the Chairman of                                                                                                relating to establishment
                                                the State Advisory                                                                                                      matters […] have already
                                                Council and Principal                                                                                                   been delegated to the
                                                Secretary (Home) and                                                                                                    Director General of Police”
                                                excluded the Leader of
                                                Opposition and a Judge
                                                3. Independent members 3. DGP shall “ordinarily”                                                                        3. Powers of the PEB is not
                                                appointed directly by the have two years tenure                                                                         set out in the order either
                                                Govt                      subject to superannuation

                                                4. Mandate weakened.
                                                SSC will only “advise the
                                                Govt on policy
                                                guidelines”.
                                                5. SSC will only assist
                                                Govt in identyfying
                                                performance indicators
                                                6. Nature of powers not
                                                defined
   Uttarakhand          Non compliant                 Not complied              Not complied                       Not complied                  Not complied                 Not complied                   Not complied                   Complied
                                                1. SSC shall be set up as 1.DGP is appointed by the         1. Only one year tenure      1. Govt “may” create a crime 1. Police Establishment         1. State level PCA set up.    Uttarakhand Police Act,
                                                soon as may be            Govt after being                  provided for the SHO. No     investigation department and Committee set up                                              2008 passed.
                                                                          empannelled by a                  mention about tenure of      a special crime investigation
                                                                          committee. However,               other officers on            unit
                                                                          members of committee not          operational duty.
                                                                          known

                                                2. Composition not          2. Two year tenure subject 2. Premature removal                                             2. Mandate of the PEC         2. Composition not
                                                adhered to. The SSC has     to superannuation          grounds are diluted                                              limited. Only mandated to     adhered to. Chairperson
                                                included the Principal                                                                                                  transfer subordinate police   not a retd Judge
                                                Secretary and an                                                                                                        officers
                                                additional police officer
                                                2. Mandate of the SSC is    3. The selection criteria not                                                               2. No mention of               3. Chairpersons and
                                                weakened. It can only       laid down.                                                                                  recommendations in relation members directly
                                                make suggestions not                                                                                                    to officers above the level of appointed by the Govt.
                                                give directions                                                                                                         SP.




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                                                                                                                  POLICE REFORMS
                                                                                              STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

                                                                                                                                   Separation between law
                                                  State Security         Selection and Tenure for     Minimum tenure for I.G.                                   Police Establishment            Police Complaints        PASSED OR DRAFTING A
   STATES                  Status                                                                                                   and order and crime
                                               Commission (SSC) (1)              DGP (2)              & other field officers (3)                                  Board (PEB) (5)                 Authority (6)             NEW POLICE ACT
                                                                                                                                      investigation (4)
                                              3.Does not have binding    4. Grounds for removal                                                              3. PEC not mandated to      4. Powers of the PCA are
                                              powers.                    diluted/weakened.                                                                   function as a forum for     not binding
                                                                                                                                                             appeal
                                                                         5. DGP can be removed                                                               4. No binding powers. Govt.
                                                                         without consulting the                                                              can at any time alter the
                                                                         State Police Board.                                                                 decisions of the PEC


West Bengal           Non compliance               Not complied                Not complied                                                Not complied                                           Not complied                  Not complied
                                                                                                      Not complied                                              Not complied
                                              1. SSC not set up till date 1. DGP directly appointed   1. Police officers on       1. The two wings have been 1. PEB is set up               1. No PCA set up till date   The State Govt set up a
                                                                          by the Govt. Not            operational duties have two separated at 10 police                                                                 Drafting Committee as of
                                                                          empannelled by UPSC or      years tenure                stations in Kolkata according                                                          March 2007. Draft is ready
                                                                          another independent                                     to the November 2008                                                                   but not in the public domain.
                                                                          selection committee                                     affidavit. However no order
                                                                                                                                  or notification has been
                                                                                                                                  passed in this respect
                                                                         2. Two year tenure subject 2. Premature removal                                     2. Mandate of PEB is almost
                                                                         to superannuation          grounds are too wide                                     adhered to, however the
                                                                                                                                                             PEB can not examine
                                                                                                                                                             complaints regarding a)
                                                                                                                                                             disciplinary proceedings;
                                                                                                                                                             and b) illegal and irregular
                                                                                                                                                             orders.
                                                                         3. DGP can be removed                                                               3. Powers of the PEB is
                                                                         without consultation with                                                           weakened. Govt is not
                                                                         the SSC                                                                             explicitly barred from
                                                                                                                                                             interfering in the PEB's
                                                                                                                                                             decision.




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                                                                                              POLICE REFORMS
                                                                          STATE AND UT COMPLIANCE WITH SUPREME COURT DIRECTIVES

    Cell: F97
Comment: 4:
          notification No.HMB(A)-23/06(Pt-III), dated 27 February, 2007

    Cell: G139
Comment: 5:
          Notification No.HMB(A)-23/06(Pt-IV), dated 14 December 2006


    Cell: G164
Comment: 5:
          Notification No.HMB(A)-23/06(Pt-IV), dated 14 December 2006




   Commonwealth Human Rights Initiative (CHRI)
   www.humanrightsinitiative.org
                                                                                                                                  Page 16

								
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