The Supreme Court on Monday directed BJP leader and Delhi-based lawyer Ashwini Kumar Upadhyay, who had filed a Public Interest Litigation (PIL) for the implementation of Supreme Court directions issued in Prakash Singh case, to file an interlocutory application in the case, which is still pending before a three-judge bench of the apex court.
The Division Bench of Chief Justice T.S. Thakur and Justice D.Y. Chandrachud held that there is no need to issue notices to the Union of India and State Governments once again as they have already filed their replies on this matter. Petitioner Upadhyay withdrew his PIL with liberty to file interlocutory application.
The PIL filed by the petitioner has also sought the implementation of the Model Police Act, 2006. According to him, the implementation of the Act is essential to have a professionally independent, effective and impartial police system to secure the fundamental right of fair trial and speedy justice in the spirit of Article 21. It is also submitted that compliance of Supreme Court judgment in Prakash Singh case is essential for comprehensive, credible and speedy investigation of offense and curbing corruption, criminalization, casteism and communalism, the greatest menace to democracy and development of our country. It is averred in the petition that it is the constitutional obligation of the Union and State Governments to ensure an effective impartial and independent police system, which is essential for fair, complete and credible investigation of the crime, thus, to secure fundamental right of fair trial and speedy justice to the citizens in the spirit of Article 21 of the Constitution. The petitioner alleged that most of the States are still following the archaic Indian Police Act, 1861, and the police have become the subjects of parliamentarians and legislators, with a high degree of politicization and allegiance towards the ruling party.
As per a PIB release dated 8th March 2016, the government had constituted a committee to draft a Model Police Act, which was published in 2006. A copy of the draft Model Police Act, as framed by the committee, was forwarded to the States for consideration and appropriate action, on 31st October, 2006. The draft Model Police Act, 2006, was studied again and reviewed in line with the changing realities and making police more responsive, efficient and citizen friendly. Thus, a revised Model Police Bill, 2015, was prepared and placed in public domain for comments.