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Prakash Singh Case: Amicus Sr Adv Raju Ramachandran Moves SC Seeking Measures For Speedy Implementation Of Police Reforms [Read Application]

Akshita Saxena
14 July 2020 7:11 AM GMT
Prakash Singh Case: Amicus Sr Adv Raju Ramachandran Moves SC Seeking Measures For Speedy Implementation Of Police Reforms [Read Application]

An application has been filed before the Supreme Court, suggesting measures for speedy and effective implementation of the directions given it in Prakash Singh & Ors. v. Union of India & Ors., (2006) 8 SCC 1, for systemic police reforms.

In the said case, the Top Court had directed the state Governments to set up Police Complaints Authorities (PAC), with some independent members overseeing the functioning of the authority, till framing of appropriate legislations.

These suggestions however, either have not been implemented by the state governments or the state legislations pertaining to it are under challenge before the Supreme Court.

Amicus Curiae, Senior Advocate Raju Ramachandran, has thus moved the Top Court suggesting the following:

  • The jurisdictional High Courts constitute dedicated Benches to determine the extent to which compliance by executive orders has been made by the concerned States/UTs. For this purpose, the High Courts would have to take the assistance of an Amicus Curiae and also appoint Expert Committees to verify compliance at the ground level. The High Courts may be requested to complete the exercise of determining compliance within a period of six months.
  • Individual applications pertaining to the States/UTs concerned may be dealt with by the said Benches in keeping with the letter and spirit of the directions given by this Hon'ble Court in its judgment dated 22.9.2006.

Further he has requested the Court to fix an "early and actual date of hearing" for the adjudication by itself of:

  • Writ Petition no. 286/2013 in which the question of the constitutional validity of the concerned State legislations is involved, and
  • Contempt Petition No. 235/2014 in the present Writ Petition in which the validity of the relevant provisions of the IPS (Cadre) Amendment Rules 2014 is involved.

In the case of Prakash Singh, besides directing all the states to set up Police Establishment Boards, the Supreme Court had fixed tenure for DGPs, and recommended constitution of State Security Commission and Police Complaints Authorities at state and district levels, to inquire into allegations of serious misconduct and abuse of power by police personnel.

As mentioned in amicus' application,

"The Court's directions in the judgment are unimplemented/ not fully implemented. A final determination by this Hon'ble Court with regard to compliance with the directions contained in the main judgment is yet to take place."

As on date, the validity of the 17 state legislations, which have since been passed, is under consideration before the Supreme Court in a petition moved by Senior Advocate and Amicus Curiae, Harish Salve. In the said petitions, the Supreme Court is considering the issue of whether the said legislations conform to the essential principles laid down in its judgment in the Prakash Singh case.

In addition to the above legislations, the Central Government had issued the IPS (Cadre) Amendment Rules 2014. The same is also pending challenge before the Supreme Court.

The application has been filed through AoR Archana Pathak Dave.

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