J&K Police Bill proposes Security Commission, Establishment Board, Complaints Authority

Neeraj Rohmetra
JAMMU, Feb 14: In a major initiative aimed at ushering police reforms in the State, the Home Department today put into public domain the draft of the proposed Jammu and Kashmir Police Bill, 2013 and invited suggestions from all the stakeholders including social organizations, NGOs, academicians and other cross-section of society.
The proposed draft Legislation bearing number Home/PB-III/20/2013 dated 14th February, which has been issued by Principal Secretary Home, Suresh Kumar stated that the Act is aimed at consolidating and amending the law relating to the establishment, regulation, power and duties of Police Service in the State and for matter connected therewith and incidental thereto.
While emphasizing the need to redefine the role of Police, its duties and responsibilities, by taking into account the emerging challenges of policing and security of State, the Act proposed to constitute Police Complaints Authority, State Security Commission, Police Establishment Board and Police Welfare Board. The Act also proposed separation of the Investigation wing of Police Department from the Law and Order wing for better management of affairs.
Further, as per the Section 60 (i), the Act while asserting on the need to change the police system in urban areas proposed for appointment of Police Commissioners not below the rank of Deputy Inspector General (DIG). The move has been proposed in view of typical complex problems of crime, public order and internal security in urban areas, which call for quick and comprehensive response.
“The Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under the Act. Provided that any of these powers, function or duties performed by the Commissioner, shall be subject to the overall control and direction of DGP”, said the clause.
The Act further said, “in any area for which a Commissioner is appointed and is empowered to exercise any power or duty under this Act, the District Magistrate (DM) shall not exercise the same power or perform the same function or duty notwithstanding the fact that such areas formed part of the District within the territorial jurisdiction of the DM”.
The Government on the recommendations of DGP shall divide the entire State into one or more police zones and each zone, comprising two or more police ranges, which shall be headed by an officer of the rank of Inspector General of Police (IGP).
Further, the entire geographical area of Police Zones may be divided into one or more police ranges and each range, comprising two or more Police Districts, shall be headed by an officer of the rank of DIG, who shall supervise the police administration or the range and report to IG of the Zone in the jurisdiction of which the Range falls.
Chapter VI titled, “Superintendence and Administration of Police” of the proposed legislation stated that the Government shall, within six months of the coming into force of this Act, establish a State Security Commission to review the security scenario at regular intervals and further define and lay down areas of concern and priority. The Commission would frame policy guidelines for promoting efficient, effective, responsive and accountable policing in accordance with the law.
The Commission, which shall be headed by the Chief Minister as Chairperson, would comprise other members including Home Minister, a retired High Court Judge, Chief Secretary, Home Secretary, DGP and three non-official members, who shall be persons of eminence including one woman.
The Commission may meet at regular intervals as it deems fit provided that the gap between the two meetings shall not be more than six months. At the end of each year, the Commission shall present to the Government a report on its working during the preceding year and also on the evaluation of performance of the service. The Government shall lay the Annual Report of the Commission before the State Legislature in the budget session.
Section 77 of the Act proposed setting up of the Police Establishment Board with the DGP as its Chairperson and four other senior most Police officers serving in the cadre as members.
The Board shall make appropriate recommendations to the State Government on the transfers and postings of officers of and above the rank of the Superintendent of Police (SP) and equivalent levels except the Director General of Police (DGP).
Besides, the Board would also recommend to the DGP names of officers of and up to the rank of Deputy Superintendent (DySP) or equivalent levels of posting and transfers.
The Board would also be empowered to decide on complaints and appeals in respect of service matters like transfers, promotions, etc. of Police Officers of and up to the rank of DySP and equivalent levels and make appropriate recommendations. The DGP may give due consideration to the recommendation of the Board.
The Act also proposed to constitute a Police Welfare Board under the Chairmanship of an officer not below the rank of an Additional Director General of Police to aid and advise the DGP on matters related to the welfare of police personnel and their implementation.
Chapter VIII, which deals with issues pertaining to Effective Crime Investigations stated that he Act proposed separation of Investigation from Law and Order. “The Government on recommendations of the DGP and having regard to the population of an areas or circumstances prevailing in an area, by order, separate the investigating Police from the law and order Police in such area as may be specified in order to ensure speedy, effective and professional investigations”. The DySP shall ensure efficient and effective coordination between the two wings of the Police.
Elaborating further, the Act stated that the DGP by notification can create in crime prone Districts under the direct supervision of concerned SP, a specialized crime investigation unit, headed by an officer not below the rank of DySP with an appropriate staff for investigation economic and heinous crimes. The personnel posted to this unit shall not be detailed for any other duty, except with the written permission of the DGP.
Section 100 of the Act stated that the Government shall within six months of the coming into force of this Act constitute a State Police Complaints Authority and District Police Complaints Authorities for each District or for group of Districts to examine and enquire into complaints of misconduct against Police Officers.
The Chairperson of the Authority shall be a retired High Court Judge, who shall be appointed by the Government in consultation with the Chief Justice of State. The other members would include a retired officer not below the rank of Principal Secretary, a retired officer not below the rank of Additional Director General of Police and two persons from a panel of five members with a minimum of 20 years of experience as a Judicial Officer, Public Prosecutor, Practicing Advocate, Professor of Law or a person of eminence from civil society, of whom one shall be a woman.
Section 81 of the Act also stated that the DGP shall draw up Internal Security Scheme for the entire State and for each of the District and Urban Areas. The Scheme so formulated shall be reviewed annually and more than once, if required and will incorporate regularly updated comprehensive Standard Operating Procedures (SOP) for action to be taken by Police, independently or in coordination with other concerned agencies.
Further, the Government by notification can declare any area as a Special Security Zones, when such area is widely and intolerably beset with violence or insurgency or destruction of public property on account of communal or terrorist or anti-national activities.
Chapter IV of the Act, which deals with Constitution and Oganisation of Police Services states that an officer posted as IG of a Zone or Police Commissioner of a City or DIG of a Range or SP of a district or SDPO or DySP of a sub-division or Station House Officer (SHO) shall have a minimum tenure of two years.
“The Government shall also ensure a minimum tenure of two years for the DGP subject to his superannuation”, it added. However, the Government may on the recommendations of the Screening Committee headed by the Chief Secretary appoint one or more officers equivalent to the ranks of Director General. The Screening Committee can also recommend appointment of officers to the rank of ADG, IG, DIG and such officers as id mandate to the Screening Committee under IPS (Pay) Rules, 2007.
The direct recruitment to the rank of DySP shall be made on the recommendations of the Jammu and Kashmir Public Service Commission. The Police Recruitment Board constituted by the Director General of Police shall recommend direct recruitment to various subordinate ranks in the Police Service.

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