New Delhi, April 1: The Supreme Court today warned states and Union territories it “may have to summon” their top officers if they didn’t file affidavits by tomorrow evening on police reforms they were to introduce according to a series of guidelines it had set.
The court also brought up recent incidents of alleged police violence in Punjab and Bihar, saying the plight of women had remained the same even 65 years after Independence.
The top court had in 2006 passed a series of guidelines on reforms to be introduced by state police forces to insulate them from political and extraneous influence. Most states had earlier expressed their inability to implement the guidelines that, among other things, called for a fixed two-year tenure for all police chiefs and special boards to determine promotions and transfers of IPS officers.
“Normally we are of the view that senior officers should not be summoned. But if they chose to ignore the court orders it is unacceptable…. The state officers who have not filed their affidavits must comply with our orders. Otherwise this court may take a serious and adverse view and may have to summon senior officers for assisting this court,” a bench of Justices G.S. Singhvi and Kurien Joseph said, fixing Thursday for the next hearing.
The court — which had issued notices to the chief secretaries, home secretaries and police chiefs of all states and Union territories — was irked after attorney-general G.E. Vahanvati and senior counsel Harish Salve and U.U. Lalit said only eight had filed affidavits in response to its March 11 directive.
The bench had earlier moved on its own to take cognisance of the two incidents of alleged police excesses in Punjab and Bihar. In Punjab, two constables assaulted a woman who had complained against some taxi drivers who allegedly misbehaved with her. Television cameras had filmed the alleged assault.
In Bihar, the police used batons, water cannons and teargas to disperse around 5,000 contract teachers who tried to enter the Assembly to press their demand for pay parity with regular teachers. The teachers later alleged the police didn’t even spare women.
The court expressed its dissatisfaction with the affidavit filed by Bihar. “We have gone through the affidavit filed by Bihar (and) we are not at all satisfied with it. It was very clear from the TV clipping that the protesters were beaten up by police. Those who were sitting in tents were beaten,” the bench said, pointing out that the affidavit did not mention details of the incident widely reported in the media.
“In fact, there is no justification for beating any person or for that matter even animals as they are mute,” the bench added.
The court said it had become a practice for top police officers to go on TV to defend their personnel and justify their actions. “We do not know if the police is acting against the ladies in such a manner under any constitutional provision. It is really something shocking that is happening after 65 years after Independence that helpless ladies are being beaten up.”
The court said the excesses stemmed from the recruitment process. “The problem starts from the grassroots level,” it said. “Recruitment at the beginning is done for extraneous considerations from the selection process.”