JKP not interested in separating law & order from investigation
No focus on special cells at distt level, regular training of IOs
Mohinder Verma
JAMMU, Oct 1: Almost all the recommendations of the all India-level DGPs/IGPs Conference have been gathering dust in the Home Department and Jammu and Kashmir Police Headquarters during the past nearly three years despite explicit directions for their implementation from the Union Ministry of Home Affairs.
Official sources told EXCELSIOR that Union Ministry of Home Affairs vide Advisory No.24013/201/2009-CSR-III dated July 16, 2010 drew the attention of all the States towards prevention, registration, investigation and prosecution of crime and accordingly stressed that the investigation of crime may be separated from the law and order duty to the police officials and outsourcing non-core police functions should be encouraged to free more policemen for the core policing functions.
Even Law Commission of India in its 154th report stressed that there should be a separate and exclusive cadre of investigating agency to investigate grave offences in every district subject to supervision by the higher authorities. “The police officials entrusted with the investigation of grave offences should be separate and distinct from those entrusted with the enforcement of law and order and other miscellaneous duties”, the Commission had mentioned in the report, adding “necessary steps should also be taken for promoting efficiency in the investigation”.
These aspects were also deliberated upon in the all India level conference of DGPs/IGPs held in November 2016 and finally several recommendations were made. Thereafter, the Ministry of Home Affairs vide communication dated May 23, 2017 asked Chief Secretaries of all the States and Administrations of the Union Territories to act on the actionable points on the recommendations of the DGPs/IGPs Conference.
“While States have put in place organizations such as Crime Investigation Department and Crime Bureau, which deal with specific cases of grave offences either entrusted by the State Governments or the courts, all other cases continue to be handled by police at local level. Since local police is entrusted with critical function of ensuring law and order, entrusting such responsibilities to them not only slows down the investigation process but also impacts the quality of investigation as well as maintenance of law and order”, the Home Ministry had mentioned in the communication.
“Since amendments to the Police Act by the States may take longer time, the States/UTs are advised to take immediate steps in the direction of separating law and order from investigation duty by carrying out necessary changes in the Police Regulations, Police Standing Orders and Police Manuals”, the MHA had further mentioned in the letter.
However, not even one actionable point on the recommendations of the DGPs/IGPs Conference has been implemented in Jammu and Kashmir, sources disclosed, adding “no special investigation cell has been constituted at the district level, which otherwise was the foremost point mentioned in the communication of the MHA”.
These cells were supposed to be headed by SP rank officer and supported by other officials as deemed fit taking into account the crime scenario. “What to talk of action, even discussion has not been held on preparing road-map to separate law and order duty from investigation”, sources further said.
“No efforts are being made to ensure completion of investigation in crime cases in a time bound manner and due to this disposal of cases gets delayed”, they said, adding “even strategy has not been chalked out for providing regular training to the investigating officers to improve their skill in use of technology as well as techniques”.
“JKP is also facing dearth of officers at various levels although there was a recommendation for taking appropriate steps to ensure that all vacancies get filled in a time bound manner”, sources informed.
It is pertinent to mention here that MHA had laid thrust on implementation of actionable points for ensuring more focused attention to the administration of the criminal justice system with emphasis on prevention and control of crime.
“State Police and Public Order are State subjects as such it is the prime responsibility of the State to make use of the mechanism available with it to ensure that investigation of all offences are concluded in a time bound manner and public trust in criminal justice system gets strengthened”, sources said.
A senior J&K Police officer, when contacted, admitted that majority of the recommendations of the DGPs/IGPs Conference have not been implemented. “Since J&K is not like other States in the country recommendations cannot be translated into reality”, he added. However, he claimed that all out efforts are being made to ensure expeditious investigation in crime cases.
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