Recommendations for the Establishment of a State-based Police Centralization Framework.

Policy Paper

International Relations Scholastic Conclave

March 19, 2018

Recommendations for the establishment of a State-based police centralization framework

Authors : Samriddha Sen1 and Sudarshan Pujari2

Abstract : The primary act responsible for governing and regulating India’s law enforcement framework is the Police Act of 1861, a concoction of the paramount suzerainty of the British Raj, intended to sanctify draconian measures eectuated for quelling nationalistic and democratic aspirations of the people of the subcontinent. However, the institutional requirements for a comprehensive reformation of existing law enforcement machineries were recognized almost three decades back in 1979 when the National Police Commission was established to produce reports pertaining to policing and the recommendation of necessary reforms. None of the

1

B.A L.L.B First Year, Department of Law, University of Calcutta.

2

Political Science (Hons.) First Year, Department of Political Science, St. Xaviers. College.

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International Relations Scholastic Conclave Commission’s propositions and advisory guidelines submitted through eight reports, dozens of topic specific recommendations and a drafted Model Police Act were enacted by any contemporary or subsequent administrations. Although the Model Police Act consequently resulted in state specific reformative police procedural legislation3, since most of these reforms were initiated by the police administration, it managed to solidify the strength of the existing police establishment and its nexuses without any provisioning for transparency and accountability, and therefore neither any nation-wide nor any state-specific long term benefits were accrued to the people, to whom the institution since post-independence is mandated to serve. In addition to the National Police Commission of 1979, both state and central level law enforcement reforms were initiated since 1971 through the establishment of 5 committees - 1) The Gore Committee, 2) The Riberio Committee on Police Reforms, 3) The Padmanabhaiah Committee on Police Reforms, 4) Group of Ministers on National Security, and 6) The Malimath Committee on Reforms of Criminal Justice System. The reformative propositions laid down by these committees have placed overwhelming emphasis on the symptoms of the crisis rather than with the problems sourced from its structure and design4. This policy paper proposes an alternative framework of the existing state-specific policing machinery in comparative context of the contemporary

References - Punjab Police Bill 2003, Madhuram Pradesh Police Videheyak 2001, Rajasthan Police Bill 2000, Andhra Police Bill 1996.

3

The Indian Police System - a reform proposal, Ebba Martensson, Foundation for Democratic Reforms, 2006.

4

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International Relations Scholastic Conclave shortcomings of the law enforcement bureaucracy and apparatus, and additionally lays down the outcome of such policy implementation.

Objective : The objective of this policy paper is to provide an alternatively reformative state-centric law enforcement institutional framework for enhancing and fostering inter-agency cooperation, operational independence without unwarranted executive intervention, public transparency and procedural eďŹƒciency. It takes into account the administrative, technical and procedural lapses plaguing current administrations and oers solutions with regard to the existing shortcomings, with appropriate reference citations of relevant statistics, administrative actions and judicial decrees.

Contents : 1. Contemporary shortcomings of the law enforcement framework, with relevant judicial and administrative developments.

2. Specification and detailed substantiation of the proposed policy.

3. Hypothetical procedural functioning of the framework proposed.

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1.

Contemporary shortcomings of the law enforcement framework, with relevant judicial and administrative developments:

1. Human Resource challenges facing national and state law enforcement institutions -

1. While state police forces had an astounding 24% vacancy (estimate of 5.5 lakh vacancies), in January 2016, central forces had around 7%. On an average statistical basis, for law enforcement units operating under the jurisdiction of the state, out of an aggregate sanctioned strength of 22,80,691, the current strength is estimated to be around 17,31,666; and for Union Central Armed Police Forces (CAPF), the gap is relatively minimal, nonetheless substantial with a serving strength of 9,04,677, with a sanctioned strength of 9,68,233. Therefore, although sanctioned manpower strength was 181 per lakh individuals in 2016, the actual strength was a meager 1375 . For appropriate international contextual reference, the United Na-

5

Source : Bureau of Police Research and Development, Government of India.

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International Relations Scholastic Conclave tions recommendations for standard law enforcement to public ratio is 222 per lakh individuals.6

2. Lack of employment incentives, coupled with the inability of lower ranking service members from accessing hierarchical administrative posts. 86% of state police workforces comprise of constabularies7. Serving police Constables earn or are entitled to a promotion once in their service tenure, usually attaining the age of retirement as Head Constables.8

3. There has been a noticeable surge of crime rates per lakh population by 28% over the last decade (2005-2015). With regard to such a statistical fact, criminal convictions have been relatively few. In 2015 alone, convictions were secured in only 47% of the cases registered under the Indian Penal Code, 1860.

One of the primary attributive reasons as observed by the Law Commission was the substandard quality of police investigations and manpower inadequacies.9

�National Requirement of Manpower for 8-Hour Shifts in Police Stations�, Study sponsored

by Bureau of Police Research & Development, Govt. of India, August 2014, p. 128.

6

7

The Padmanabhaiah Committee Report, 2000.

8

Police Reforms in India, Anviti Chaturvedi, 2017, PRS publications.

Supra; Law Commission of India (14th Report), Reform of Judicial Administration Vol. 2, pg.

736, paras 11 & 12.

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4. Absence of a consistent working-shift policy for stationed personnel. Unlike working hours for civilians, staff officers of police stations have to remain on duty for 11 hours or more per day.

27.7% SHOs and 30.4% supervisory officers have reported that their staff worked for even more than 14 hours a day.

Moreso, 73.6% of police station staff indicated that they were unable to avail weekly offs even once a month, in addition to the fact that almost 80% of staff are subjected to frequent recalls during off-time under circumstances of law and order emergencies, VIP protection detail et. cetera.10

2. Infrastructural challenges facing national and state law enforcement institutions -

1. CAG audit records have shown considerable shortages in armaments operated by state police forces. For example, Rajasthan and West Bengal had operational weaponry shortages of 75% and 71% respectively by state police departments.11

Building Smart Police in India: Background Into the needed police force reforms, Suparna Jain/Aparajita Gupta, National Institution for Transforming India, Govt. of India.

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11

Police Reforms in India, Anviti Chaturvedi, 2017, PRS.

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2. The Bureau of Police Research and Development has additionally recorded a 30.5% deficiency in stock of required vehicles (2,35,339 automobiles) operational with state police forces.

3. Inadequate utilization of dedicated funds for modernization of police infrastructure. Within the fiscal year of 2015-16, only 14% of funds specifically allocated to states under the “Modernisation of Police Scheme� have been utilized. The highest noted utilization of modernization funds was recorded at 86% for the fiscal year 2013-14.12

4. Critical lacking of basic subsistent housing facilities to employed and/or deployed police personnel. Reliable statistical data states that for 17.21 lakh police personnel, only 5.80 lakh family quarters are available for housing.13

5. With specific emphasis on training, out of the aggregate police expenditure of Rs. 74257.66 crores for the fiscal year 2014-15, a mere 1.46% amounting to Rs. 1086.11 crores was exhausted on training. As a deliberate consequence, training academies playing critical role in enhancing the capacity and eďŹƒciency of 12

Bureau of Police Research and Development.

13

Bureau of Police Research and Development; January 1st, 2015.

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International Relations Scholastic Conclave police personnel, lag behind in basic infrastructure and facilities. Despite current recorded trends of crime rate escalation, Centre allocated funds have experienced a consistent decline, from the sanctioning of Rs. 2000 crores till 2014 to a staggering Rs. 595 crores in 2016-17.14

6. Limitations of material/infrastructural support is widespread.

Recent statistics project that 342 police stations across the country do not have access to a telephone, 127 stations do not have wireless facilities and 54 lack access to either of the aforementioned two. As of 1st January 2015, lack of forensic support has resulted in the piling up of pending exhibits to 6,54,859.15

3. Reformative initiatives undertaken by Central administrations -

1. Gore Committee (1972) : Appointed in November 1971 by the Government of India under the chairmanship of renowned Social Scientist Prof. M. S. Gore, the Gore Committee’s specific focus was to analyze existing police training policies and pro-

Building Smart Police in India: Background Into the needed police force reforms, Suparna Jain/Aparajita Gupta, National Institution for Transforming India, Govt. of India.

14

15

Bureau of Police Research and Development

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International Relations Scholastic Conclave grams and to subsequently recommend actions to enhance the effectiveness of police personnel. It emphasized on the prerequisite nature of training in policing as:

1. To transmit necessary knowledge and technical skills to police personnel.

2. To foster appropriate mentality and psychological perceptions.

3. To develop effective decision making capacities and,

4. To simulate & emulate innovative and investigative/critical thought processes.

The Committee highlighted training as a significant ‘Change Agent or Vehicle of Change’ which affects not only the nature of public services rendered by police personnel but also those who are served.16

2. National Police Commission (1979-81) : Appointed by the Union Government under the chairmanship of Dharamveer, the Commission was assigned a wide variety of tasks focusing on police, police-public relations and political interference with police functioning. The Commission submitted eight reports between 1979-1981 addressing controversial aspects of police administration and suggested wide reaching recommenda-

16

Gore Committee Report, 1971-71

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International Relations Scholastic Conclave tions, including the establishment of a state-specific Security Commission, the separation of investigative functions to ensure its independence from any external influences, stabilization of tenures for police chiefs and foremostly, the formulation of a New Police Act.17

3. Vohra Committee (1993) : Constituted by the Union Government under the chairmanship of N.N. Vohra, serving Home Secretary under the Narasimha Rao Administration, its objectives were to examine issues pertaining to criminalization if politics and the criminal-administrative nexus, and observed the existence of a criminal network running a parallel government (“Gunda Raj�). It reported upon the misutilisation of state police machinery but criminals exercising political clout.18

4. Riberio Committee (1998-99) : Constituted on May 1998 by the Central Government in compliance with the legal directives issued by the Supreme Court, arising out of a Public Interest Litigation (PIL) filed to demand the enactment of the recommendations of the National Police Commission (1977), the Riberio Committee had wider terms of references to review the actions taken to implement the recommendations of the NPC, 17

http://ipc498a.files.wordpress.com/2008/09/firstreportnpc.pdf

18

http://indiaprospect.org/Blog/?p=23

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International Relations Scholastic Conclave the National Human Rights Commissions and the Vohra Committee. It’s recommendations included the establishment of a Police Performance and Accountability Commission vested with advisory and recommendatory duties, a District Police Complaint Authority and a Police Establishment Board among other critical aspects of Police Administration.19

4. Judicial pronouncements in context of the case of Police Reforms 1. Lack of any legitimate initiatives by the Centre to adopt the recommendations specified by the National Police Commission, persuaded two former Director General’s of Police (DGP) in 1996 to file a Public Interest Litigation (PIL) in the Supreme Court seeking Judicial directives to command administrative compliance of the recommendations proposed by the NPC. It was only a decade later on 22nd September, 2006 that the Supreme Court delivered its verdict. In what is the most prominent landmark case of police reforms in India, popularly referred to as the Prakash Singh case20, the Supreme Court commanded the effectuation of the proposed reforms, with both state and central compliance to seven key binding direc19

http://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_ribeiro.pdf

20

Prakash Singh and Ors v. Union of India and Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave tives intended to kick start the reformative process. After following through on its initial monitoring of nationwide compliance, the Supreme Court on 28th April, 2008, established a three member Monitoring Committee with a two year mandate to examine compliance state by state and with periodic reporting. As a component of the judicial decree pronounced in the aforementioned landmark case, the Seven Directives issued were -

1. Directive One - Constitute a State Security Commission to;

1. Ensure state governments do not exercise unwarranted influence or pressure on the police,

2. Lay down broad policy guidelines,

3. Evaluate the performance of the state police.

2. Directive Two - Ensuring the appointment of the DGP is merit-based and transparent with a minimum secured tenure of 2 years.

3. Directive Three - Ensuring the minimum security of tenures (2 years) for police oďŹƒcers discharging operational duties (including Superintendents of Police in-charge of a district and Station House OďŹƒcers in-charge of a police station).

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4. Directive Four - Separate the investigative and law & order duties of the police.

5. Directive Five - Commissioning of a Police Establishment Board (PEB) to decide transfers, postings, promotions and other service related matters of police oďŹƒcers of and below the rank of Deputy Superintendent of Police and make recommendations on postings and transfers above the rank of Deputy Superintendent of Police.

6. Directive Six - Commissioning of a Police Complaints Authority (PCA) at the state level to inquire into public complaints levied against law enforcement oďŹƒcials of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous injury, or rape in police custody and at district levels to inquire into public complaints against police personnel below the rank of Deputy Superintendent in cases of serious misconduct.

7. Directive Seven - Establishing a National Security Commission (NSC) at the Union Level to prepare a panel for sec-

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International Relations Scholastic Conclave tion and placement of Chiefs of the Central Police Organizations (CPO) with a minimum tenure of two years.

2. Specification and detailed substantiation of the proposed policy :

1. The alternative framework structure as recommended by this policy paper is specified in the following points:

1. This policy paper recommends the establishment of an independent State Police Agency, functionally integrated with the ranks of the Indian Police Service (IPS), the Indian Administrative Service and the Indian Revenue Service. The State Police Agency will be an authority vested law enforcement institution independent of unwarranted political intervention, serving as the principal policing body in the state, with the jurisdictional authority responsible for relegation, deputation and allocation of tasks, manpower and resources to federally subordinate police units (districts, tehsils, Provincial Constabularies, State Armed Police Forces etc.) with the primary objectives of combating subversive non-state elements (banditry and LWE/Secessionist Insurgencies), preservation and restoration of law and order

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International Relations Scholastic Conclave throughout the territorial jurisdiction of the state concerned, containment of acts of public disruption and liaising with the Ministry of Home Aairs, Territorial Military Units, NDRF and stationed Central Armed Police Forces in the State.

(This proposition has derived its influence from, and is subsequently in compliance of Directive One21 as issued by the Supreme Court)

2. The State Police Agency will have a hierarchal bureaucratic structure, with the uppermost administrative echelon constituting of the Directorial Council, comprising of the Administrative Committee and a Supervisory Committee. The Directorial Council will have total approximate membership weightage of half (50%) of its members appointed from the bureaucracy (comprising of the Administrative Committee) with the remaining (50%) appointed from the state executive (comprising of the Supervisory/ Executive Committee).

The duties falling under the ambit of the Administrative Committee will include the sanctioning of funding for law enforcement machineries of the state, in accordance with shortcomings through submission of statistical presentations and emperical recordings; monitoring of functioning,

21

Prakash Singh and Ors v. Union of India and Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave stationing and deployment of various departments of the Agency and federal police units subordinate to it; submission of monthly ‘Situation Assessment Reports’ to the Executive Committee and annual ‘Law and Order Review for the State’ to the Ministry of Home Affairs through the Supervisory/ Executive Committee for publishing, archiving and referencing; and ensuring law and order within the territorial bounds of the state. Correspondingly, the main duties of the Supervisory/Executive Committee, as is evident from the terminology itself, is to supervise the functioning of the State Police Agency; conduct analyses of monthly ‘Situation Assessment Reports’ and annual ‘Law and Order Reviews’; act as a liaising between the Central and State bureaucracies in sanctioning of funding, and allocation of Central assistance forces (military and civilian).

3. The Administrative Committee of the Directorial Council will be spearheaded by a National Police Appointment Committee22 appointed DG,SPA (Director-General of the State Police Agency), for a fixed tenure of not more than five, and at a minimum of three years. (The Chief Minister of the state, This policy paper, as a component of the existing framework proposed recommends the commissioning of an Union Level Law Enforcement Appointment Committee, for appointment of Chiefs of State Police Agencies and Central Police Forces, in compliance of Directive Seven as issued by the Hon. Supreme Court in the case of Prakash Singh and Ors v. Union of India and Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave by protocol is expected to be informed of the appointment prior to the finalization and convention of the appointment ceremony) His primary task involves maintaining overall supervision and ensuring the effective aggregate functioning of the State Police Agency; and participating in information transfer and sharing between the Administrative and Supervisory Committees. Subordinate to the appointed DG,SPA; in the Administrative Committee is the Director General of Police for the State (DGP), who’s primary responsibility is to exercise command authority over and supervise the functioning of all departments under the SPA; an Indian Revenue Service Officer, responsible for monthly submissions of requirement requisitions and procurements of logistical, technical, material and tactical resources for operational use by deployed police units to the Exec. Committee and the MHA; and an Indian Administrative Officer, tasked with assisting the DG, SPA; DGP and the IRS officer in liaising with the Executive Committee & the MHA (inclusive of CAPF, Central Investigative Agencies etc.) in sharing and transmission of technical information, emperical data ;and submission of funding acquisitions. All elected members of the Administrative Council will have a minimum tenure of three (3) years.

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4. The Executive Committee of the Directorial Council is headed by the elected Chief Minister who will serve as the exofficio chairperson of the Directorial Council; the Law Minister of the State; an MP (Member of Union Parliament) for the State and/or an MLA ( Member of Legislative Assembly), appointed at the discretion and preference of the CM in any particular order, and a presiding State High Court Justice.

The Chief Minister, with the assistive collaboration of the Law Minister and in cooperation with other members of the Exec. Committee reviews the monthly propositions laid out by the Administrative Committee in the “Situation Assessment Reports” and subsequently deliberates on the issues presented with consequently viable solutions, in consultation with other members of the Directorial Council with respect to the scope and effect of reformative enforcement; and annually submits the “Law And Order Review for the State” to the Minister of Home Affairs for publishing, archiving and referencing purposes.

5. With the notable exception of the centrally appointed DG,SPA (Administrative Committee) and the High Court Justice, appointed by the Chief Justice of the State (Super-

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International Relations Scholastic Conclave visory Committee), every other member of either Committee is elected by a simple majority voting system, in adherence to the system of Single Transferable Voting (STV), with the Chief Minister, being the ex-officious chairperson of the Directorial Council, vested with the power of the ‘tie-breaking vote’. [ Total 9 members = { 4 (Admin. Council) + 4(Exec.

Council) + CM (Tie breaker)}]. Therefore any nominee must secure a majority of five (4+1) with respect to the standard eight (8) to be nominated by the committee. Division of probable appointee nominations is committee specific, implying that the Chief Minister will have no authority over the DG,SPA in determining a nominee for the Admin. Council and vice-versa.

6. There is no unified tenure for the entirety of the Directorial Council, as it is Appointee specific. For succession of appointments, the respective heads of the either committees of the Directorial Council, submit nominations of the succeeding candidate, twelve (12) months before conclusion of the tenure of any elected member of the Committee, subsequent to which after a period of six (6) months, elections for the nominee of the succeeding appointee are convened.

All members of the Directorial Council, in addition to the

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International Relations Scholastic Conclave performance of duties, as vested to them under oďŹƒcial capacity and requirements as members of the Council, are expected to thoroughly analyze the portfolio/s of the nominee/s, for subsequent vetting and voting. However, all elected appointees of the Administrative Council will have. a minimum tenure of 2 years, selected on a merit basis, which is ascertained over the vetting and voting process.

7. The prerequisite parameters for nomination and appointment as a member of the Directorial Council include but are not limited to - an absence of criminal or anti-social record, a bureaucratic service consistent with the standards as established by superintending institutions and/or basic academic qualifications (graduation/bachelors degree in any specialized discipline). Any additional criteria for nomination can be applied at the discretion of the head of the committee concerned.

8. As the State Police Agency is the superintending unified law enforcement institution of the state, this policy paper recommends the adaptation of a departmental structural framework, for eďŹƒcient deputation of tasks and relegation

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International Relations Scholastic Conclave of operational responsibilities. The State Police Agency will comprise of the following sub-divisional departments -

1. Accountancy Department - The Accountancy Department of the State Police Agency bears the prime responsibility of managing, recording and allocating funding for all departments operating under the Agency. The IRS appointee of the Directorial Council presides over the Accountancy Department. In addition to its aforementioned task, the Accountancy Dept. through the IRS appointee advises and adheres to the recommendations of the DG,SPA on concurrent financial requirements and allocations. In pursuant to such a prerogative assignment, it is responsible for annually submitting “SPA Departmental Audits” to the Ministry of Home Affairs via the Exec. Committee, which presents department-specific fund allocation, utilization and existing shortcomings in requirement of additional funding for the fiscal/ budgetary year. The Accountancy Department is also tasked with liaising with the Reserve Bank of India and the Ministry of Finance, with prior approval of the Home Ministry,(either) in official enquiry and/or facilitating fund transfers. The Accountancy Department stations Rev-

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International Relations Scholastic Conclave enue oďŹƒcers at every district, embedded within local police stations for facilitating fund transferring, overcoming logistical shortcomings and overseeing proper utilization of allocated funds.

2. Human Resource Department - The Human Resource Department is primarily tasked with the promotion, transfer, allotment and posting of state police personnel under its jurisdiction. It is responsible for performing the aforementioned task for the district police ranks of and subordinate to the Deputy Superintendent of Police (DSP), and vets any appointment or transfer recommendations put forward by the Superintendent of Police . It produces recommendation reports for the transfers, appointments and promotions of the Superintendent of Police and higher23 , on the basis of duration of tenure and performance reports; as reference for Admin. Committee assessment and Directorial Council discussions. Any decision-binding motion to alter the stationing, transferring and appointment of the Superintendent of Police or In compliance of Directive Five, as issued by the Hon. Supreme Court in the case of Prakash Singh and Ors v. Union of India and Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave higher ranking police official for any district, can only be effectuated after the motion has acquired majority of the Council votes (5). The secondary responsibility of the Human Resource Department is to ensure the implementation of employment beneficiary schemes for serving and retired police personnel (Health insurance, pension scheme, psychological counseling and evaluation).

The Human Resource Department Reports either directly to the DG,SPA and the DGP or by official channels established through the IAS appointee. It bears a tertiary responsibility, in no order of significance, for overseeing the training and inculcation of technical policing skills of active duty and reserve police officers by developing, establishing and maintaining a capable and scientific academic curriculum at the State Police Academy, for selecting and hiring its faculty and trainers; and coordinating with the Home Ministry, with prior approval for direct skill transfer and joint training between domestic and international law enforcement agencies. The HR Dept. operates identically at the district-level by deputing HR officers at district police stations, entrusted with the responsibility of conducting monthly psychological evaluations, counseling, exchange of official transfer and

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International Relations Scholastic Conclave appointment notices with Headquarters; and monitoring and addressing the grievances of stationed oďŹƒcers.

3. Requisitions and Procurement Division - Although the Accountancy Department enjoys operational and functional superintendence over the Procurement Division, the latter is specifically tasked with submitting equipment requisition notices and infrastructural requirements to the Accountancy Dept. for funding referrals to the Exec. Committee and the Home Ministry. The department is responsible for ensuring and maintaining the operational viability of all state police units under the Agency and therefore plays a critical role in procuring both tactical equipment for combat units and the sanctioning of housing facilities and policing infrastructure for stationed law enforcement personnel.

4.

Special Investigations Department - In an attempt to propose an eective separation of law enforcing and investigative duties of contemporary policing institutions, this policy paper recommends the establishment of a centralized Special Investigative Dept. (SID) mandated with conducting investigations of crimes of social, eco-

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International Relations Scholastic Conclave nomic and political nature, which are beyond the addressing capacity of local police or of incidents which are of particular public significance.24 Pertaining to cases of national security and social importance, the SID is expected to cooperate in full capacity with federal investigation agencies such as the Central Bureau of Investigation and the National Investigative Agency; including the transferring of investigative authority to federal agencies in accordance with the magnitude, jurisdiction and eect of the incident investigated. It comprises of a Forensics Division (FD) which assists the SID and local police in performance of investigative duties. The SID stations a Special Investigations OďŹƒcer at every district on a situational requirement basis, for liaising between State and local police under circumstances of Joint Investigation.

5. Recruitment Division - The Recruitment Division of the State Police Agency is administrative and functionally subordinate to the HR Dept. However it performs certain specialized tasks in accordance with the demands and specifications of its superior department, in publishing In compliance of Directive Four as issued by the Hon. Supreme Court in the case of Prakash Singh and Ors v. Union of India and Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave employment notices for select police ranks, recruiting police academy trainers and establishing specialized curricula in consultation with the HR dept. and submitting district and department specific post vacancies to the HR Dept. for laying down recruitment guidelines and policies. The Recruitment Division bears the responsibility of organizing employment examinations and for evaluating, ascertaining and vetting successful candidates for training and induction into the Academy and other associated police bodies. The HR Dept. with the assistance of its subordinate Recruitment Division, operates the functionalities of the State Police Academy.

6. Internal Aairs Department - The Internal Aairs Department (IAD) of the SPA, is responsible for investigating and enquiring into the abuse of authority, partaking in unlawful activities and unsanctioned involvement of criminal elements with active duty police personnel. It has been empowered with the autonomy to conduct independent investigations enquiring into alleged custodial deaths, falsely orchestrated encounters, custodial rape, grave injury, criminal negligence and serious misconduct for the ranks of and below the Superintendent

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International Relations Scholastic Conclave of Police at the State level and investigating lodged public complaints at the district level for the ranks of Deputy Superintendent of Police and below.25 The findings and detailed investigation reports, by procedural protocol, have to be submitted to the DG,SPA for Directorial Council discussion, pending the decisional outcome.

Identical to the modus operandi of other Agency Depts., the IAD stations an Internal Affairs officer at every district police station for initiating investigations and reporting relevant issues to the Department.

7. Special Operations Division - The Special Operations Division (SOD) is the State Police Agency’s primary elite tactical field unit. It specializes in hostage rescue operations, assisting state and central armed police forces in counter-terrorism and counter-insurgency operations, conducting counter-hijacking operations in land, air and sea, IED disposal and post blast investigations. It comprises of the SOG (Special Operations Group) and the ODU (Ordinance Disposal & Investigations Unit). It falls under the hierarchical superintendence of the Special Investigations Department (SID) and assists the SID and In compliance of Directive Six as issued by the Hon. Supreme Court in the case of Prakash Singh & Ors. V. Union of India & Ors, (2006) 8 SCC 1.

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International Relations Scholastic Conclave local police in high value warrants executions and raids.

The training and operations of members of the SOD are often conducted in conjunction with the National Security Guard (NSG) and Central Reserve Police Force (CRPF) Cobras, as established by specialized training modules at the Academy. The HR. Dept. recruits police officers from across the state, who have displayed exceptional performance in the field of duty, for selection and training under its Special Operations Program as a cadet of the SOD. SOD officers are circumstantially deployed to insurgency/militancy affected districts, as a necessary requirement with the approval of the Directorial Council, for COIN (Counter-Insurgency) engagements and for training local police.

8. Logistical Division - Subordinate to the Accountancy Department, the Logistical Division is tasked with overseeing the logistical duties of the Agency, involving but not limited to the transportation and delivery of policing equipment, consumables and subsistent infrastructural resources, requisitioned through the Procurement Division and sanctioned by the Accountancy Department. It has the circumstantial authority to station Logistics offi-

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International Relations Scholastic Conclave cers at districts to assist Accountancy Officials in reporting the requirements of local polices and facilitating its procurement and funding. It additionally submits critical resource requirements of local police to the Procurement Div. and for sanctioning of logistical costs to the Accountancy Dept.

9. Intelligence Branch - In acknowledgement of the existing framework of the State Intelligence Branches (SEBs), this policy paper proposes a Centralized Command (Cent-Com) structure for the SEB, as an independent department operating under the State Police Agency. It is responsible for performing the mandates and responsibilities of existing SEBs, which include providing technical and intelligence support to forward-deployed police units combating LWEs (Left-Wing Extremists)/Insurgents, assisting local police in and independently conducting intelligence gathering operations. It annually submits “Intelligence Reports” to the Directorial Council by directly answering to the DG,SPA and the DGP. Submitted “Intelligence Reports” are deemed to be classified (eyes-only) pending the decision (by voting) of the

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International Relations Scholastic Conclave Council for declassification and publication. It stations Intelligence Officers at district police stations to assist local police in intelligence gathering and commanding specialized operations. The Intelligence Branch in performance of state-specific intelligence gathering operations, will establish official channels with federal domestic intelligence agencies such as the Intelligence Bureau (IB), CBI & the NIA, for operational cooperation. The SEB will additionally coordinate operations with the Special Operations Division, by providing and acting upon actionable critical intelligence.

10. Press Corps - The State Police Agency’s Press Corps is solely tasked with the media responsibilities of the Agency, and therefore performs a variety of tasks. It convenes monthly or annual press conferences, addressed either by the members of Directorial Council Committees or the Police Chief, with respect to the occurrence of a particularly significant incident; conducting incident briefings to the press; publication of “Law and Order Reviews for the State”, and other miscellaneous documents cleared for public viewing by the Directorial Council, both in conjunction with the MHA; maintenance

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International Relations Scholastic Conclave of the website of the Agency; and archiving and storing of all documents selected and cleared for press release.

3. Hypothetical procedural functioning of the framework proposed with recommendatory clarifications :

1. This section of the policy paper presents a few procedural and theoretical clarifications of the policy proposed and highlights the functioning of the framework of the Agency, in accordance with certain hypothetical circumstances -

1. Hypothetical procedural functioning -

1. On account of a hypothetical situation involving a rogue/uncooperative state government, refusing to abide by the law enforcing prerogatives of the DG,SPA and the DGP, or has actively implied or explicitly precipitated the condonation of any act of insubordination that has unwarrantedly transgressed the fundamental and legal rights of many citizens, and has showcased deliberate intent to do away with the Constitutional rule of law, the DG,SPA upon appointment by

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International Relations Scholastic Conclave the Union Law Enforcement Appointment Committee, will be vested with the highly discretionary authority of submitting an informative appeal to the Minster of Home Affairs, with the prior approval of the Governor.

2. In retrospect, if the DG,SPA by deliberate or implied intention repeatedly fails to or defaults upon exercising his authority rightfully, or it becomes evident, beyond any reasonable doubt, of his/her’s incapacity to serve as the Police Agency Chief or of his/her’s questionable allegiances which fail to correspond with the lawful demands and aspirations of the state, the Exec. Committee headed by the Chief Minister with the assistance of willing members of the Admin.

Committee, will have the capacity to approach the Minister of Home Affairs, with relevant proof which is outrightly dismissive of any falsifications or conspiratorial concoctions.

3. With regard to both of the aforementioned hypotheticals, therefore this policy paper recommends the recording and archiving of every session of the Directorial Council and documents presented and discussed over the course of the session, for future reference and transcription.

Policy Paper

International Relations Scholastic Conclave 2. Additional propositional clarifications -

1. This policy paper proposes the diversion of funding from dried up/redundant social, economic and welfare policies/ schemes in effect, which have lost its current validity and have no long-term sustainable impact on the targeted socio-economically disenfranchised sections, towards recruitment of additional police personnel to overcome existing manpower shortages. Funding can be acquired through depositions of the Accountancy Dept. of the SPA, highlighting shortfalls and laying down recommendations for department specific fund allocation to the Executive Council.

2. As an essential component of this policy, specified over the course of its substantiation, this policy paper recommends a strict division of responsibilities, without any unwarranted interjection of duties, performed by specialized police personnel. Periodic performance of task is to be objective and purpose specific. [Example - An Accountant officer is to perform his/her task strictly as demanded by the Accountancy Department, and can or may choose to perform as a Case or Special Investigative Officer of the SID (Special Investigative Department) upon applying and subsequently

Policy Paper

International Relations Scholastic Conclave transferring to the relevant department, after the conclusion of a fixed minimum tenure of three (3) years; similarly a Patrol Officer would solely discharge patrolling duties as expected of him/her by the state or local department under which he/she serves]

3. The State Police Agency stations at a minimum of one officer per department (Accountancy, Intelligence, Internal Affairs, Special Investigations and Human Resource) on a mandatory basis, and several sub-departmental divisional officers (Recruitment, Procurement, Logistical, Special Operations and Press) on a requirement basis, at all district police stations. The SPA staff at the district level, consisting of the SPA’s “Field Office” have authority to coordinate, supervise and assume command responsibility of police operations, alongside and with the approval of district DSP and SP, among multiple districts. The “Field Office” reports directly to the DG,SPA and DGP, for matters of critical importance which require immediate state response.

4. As a part of the recommendations for establishing a skill oriented and scientific curricula for the State Police Academy, this policy paper additionally recommends establish-

Policy Paper

International Relations Scholastic Conclave ing specialized academic and training curricula for applicants and trainees of dierent departments. It also recommends departmental allotments of graduated Cadets selected on the basis of academic specialization and practical skill.

5. This policy paper proposes the implementation of a scientific employment policy for active-duty police personnel, for prevention of stress inducing shift extensions and for ensuring the security of tenure for district Station House OďŹƒcers and Superintendents of Police for a minimum service period of two (2) years.26

6. The elected DGP appointee of the Directorial Council will have a minimum tenure of three (3) years, analogous to the other elected members of the Admin. Committee. The selection of the DGP based on merit and performance is ensured through the vetting and voting process of the Council, with the necessity of public transparency guaranteed through press releases.27

As per Directive Three, as issued by the Hon. Supreme Court in the case of Prakash Singh & Ors. V. Union of India, (2006) 8 SCC 1.

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As per Directive Two, as issued by the Hon. Supreme Court in the case of Prakash Singh & Ors. V. Union of India, (2006) 8 SCC 1.

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Policy Paper

International Relations Scholastic Conclave

Conclusion : One of the most essential institutions of the sovereign state, empowered with the authority to enforce the rule of law, and preserving peace and security within its territory, is its policing and law enforcing institutions.

The men and women serving under these institutions act as the first responders to any local and federal crises and therefore are primarily responsible for ensuring the protection of the citizens of the state, both from within and without. This policy paper intends to simultaneously address the issues facing the current law enforcement bureaucracy and the policing mechanism, and oers an alternative framework specifically aimed at eliminating the present socio-political situation that hinders free exercise of political and civil rights as a steep cost of an indierent and unlawful political-law enforcement nexus and sheer incapacitation of the police itself. 28

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https://www.telegraphindia.com/states/west-bengal/cop-shot-at-in-tmc-bjp-clash-222280

http://www.tribuneindia.com/news/nation/tmc-gets-walkover-in-birbhum-district/571486.html 28