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Guv approves Police Bill

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Maneesh Chhibber

Posted: Feb 05, 2008 at 2141 hrs IST

Chandigarh, February 4 Punjab Governor General SF Rodrigues (retd) has signed the Punjab Police Bill, 2007, as well as the Bill amending the Code of Criminal Procedure (Punjab Amendment) Bill, 2006, that would allow use of electronic means for production of an accused in custody or undertrial before a magistrate.

Both the Bills were passed by voice vote by the Punjab Vidhan Sabha on December 24, with the opposition Congress opposing the Police Bill.

According to sources, despite apprehensions in some government quarters, the Governor did not seek any clarifications vis-à-vis the two Bills.

The new Punjab Police law has drawn criticism from many quarters as it is considered a watered-down version of what a Supreme Court-appointed committee had recommended to all states. In fact, a PIL has already been filed in the Punjab and Haryana High Court, challenging the Act for being against the spirit and intention of the judgment of the Supreme Court in the matter pertaining to police reforms.

However, it is the second Bill signed by the Governor that could translate into a major positive change in the criminal justice system in the state. The amendment will become an Act only after it receives the assent of President Pratibha Patil.

The previous President, Dr APJ Abdul Kalam, had sent back the file for reconsideration as the new law did not distinguish between accused in police remand and those in prison on judicial remand awaiting trial.

After it receives the Presidential sanction, the new law would allow Punjab to adopt video-conferencing facility to produce the undertrials before the magistrates as is mandatory under Section 167 (2) of the CrPC, 1973.

Apart from getting the remand of the prisoners extended "electronically", the new law will also allow holding of hearings for the purpose of hearing of evidence, etc. by way of video-conferencing.

The purpose of the new law is to check the wastage of manpower, especially police personnel on security duty when the undertrials are taken to courts, state resources and to minimise the chances of undertrials escaping during transit. It would also speed up trials.

Andhra Pradesh and Maharashtra are two states where the facility is already being put to use successfully.

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