Sanjeev Pargal
JAMMU, Mar 9: The much awaited and talked about Police Reforms Bill, whose some provisions in the draft had triggered controversy in the State, was likely to miss introduction in the ongoing budget session of Legislature with Government deciding to play it safe in view of ongoing disturbances in the Kashmir Valley.
Official sources told the Excelsior that the Government had informally decided not to table the Police Reforms Bill or Model Police Act in the Legislature during current session, which was scheduled to conclude on April 5. A formal decision would, however, be taken by the Government later but informally it has been decided by the Home Department, dealing with the bill, not to table it in the Legislature at least during the current session.
“The Government might have deleted some of the so-called controversial provisions of the draft bill and introduced it in the Assembly but in view of already disturbed conditions in the Valley in the aftermath of Afzal Guru’s hanging and killing of a youth in firing at Baramulla and opposition of some provisions of the proposed legislation by the civil society and other sections of people in the Valley, the Home Department has decided not to aggravate the issue and wait for return of peace before introducing the bill in the Legislature’’, they said.
The Government, which had put the bill on its website on February 15 and invited suggestions and objections for one month, has already extended the timing of suggestions on the bill till April 1 after its few provisions evoked adverse reaction from civil society, separatists and some political parties and other organisations.
The lapse of one more Legislature session without introduction, leave aside the passing, of Police Reforms Bill would mean that it would have to wait for at least another six months as next session of the Legislature would be held either in September or October in Srinagar, the summer capital of the State.
“There could be even further delay if a consensus was not involved on the draft bill by next session even after opening the bill for public debate, suggestions and objections from across the country’’, sources said.
It was after a long wait that the draft of Model Police Act was put on the Government website last month to invite suggestions and objections for one month. The Government intended to introduce bill in the Assembly by the middle of this month to get it passed in both Houses of the Legislature and make it an Act after nod of the Governor.
“However, with the situation turning uneasy in the Valley, the Government has decided to defer introduction of Police Reforms Bill in the Legislature’’, sources said.
The bill contained several significant reforms in the Police Department including Commissioner system for twin capital cities of Jammu and Srinagar, setting up of Police Establishment Board, transfer policy for all ranks, fixed tenure for senior police officers and setting up of State Security Commission etc.
The proposed draft bill had its origins in the Supreme Court’s 2006 verdict on a PIL filed by two former Directors-General of Police. To comply with the Supreme Court’s order, States have prepared new legislation. A template provided by the Model Police Act of 2006, drafted by a panel led by noted jurist Soli Sorabjee, formed the basis of police reforms in States.
The proposed legislation of the State had largely followed the Model Police Act as well as the Kerala Police Act of 2011, sources said.
The provisions, which were being objected by the civil society, separatists and few political parties in the Kashmir Valley, included creation of Special Security Zones, arming the Village Defence Committee members of prescribed specifications, treating police officials always on duty, vesting of magisterial powers with the police itself instead of a civilian magistrate, no criteria for appointment of Special Police Officers and jailing a person for wrong parking, cleaning furniture at a public place, urinating on the roadside, not caring for pets, overtaking and breaking a queue for essential supplies
The State Security Commission proposed in the draft bill would, among other things, frame guidelines for the functioning of the police service and monitor its performance. To ensure checks and balances in its functioning, the Model Act and the Kerala Act include the Leader of the Opposition as a member. The State draft bill has omitted this provision.
Furthermore, while the Model Act proposed that a State’s Home Minister lead the Commission, the J&K bill proposed not only that the Chief Minister would act as Chairperson but also that the Home Minister or MoS Home would be included as a member.
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