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Plea seeks quashing of Police Act provisions defying reform

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Posted: Jan 09, 2008 at 0000 hrs IST

Chandigarh, January 8 The Punjab and Haryana High Court has issued notices to State of Punjab; Director General of Police (DGP), Punjab, and Union Home Ministry over a petition challenging the Punjab Police Act, 2007.

The Act has been challenged by Resurgence India, a Ludhiana-based NGO. The petitioner sought quashing of those portions of the New Punjab Police Act that defy the letter and spirit and intention of judgment of the Supreme Court on police reforms.

The NGO also sought the quashing of provisions pertaining to state security commission; Police Establishment Board; Police complaints authority at the state and district levels; selection of DGP; minimum tenure of DGP; minimum tenure of police officers on operational duties in the field, and separation of investigation police from law and order.

The petitioner demanded directions to ensure that the Punjab Police Act is on the lines of Model Police Act, 2006, drafted by the Soli Sorabjee Committee.

The petition also demanded a stay on the operation of Punjab Police Act and maintain strict status quo during pendency of the petition.

It was further demanded that the State of Punjab and Union Ministry comply with the requirements of Section 4 (1) (c) of RTI Act, 2005, which requires them to publish all relevant facts while formulating important policies or announcing the decisions which affect the public.

In view of the fact that the Police Act is an important policy matter affecting public at large, it was imperative on their part to publish all relevant facts.

It may be recalled that on September 22, 2006, the Supreme Court delivered its judgment triggering wide ranging police reforms in the country, aimed at de-politicisation of police, transparency in postings, transfers, promotions etc, accountability of police, public grievance, redressal, minimum tenure of at least two years to police officers on operational duties etc.

On February 26, 2007, the State of Punjab filed a review application. On April 8, the State executed an affidavit to file in the Supreme Court confirming partial compliance with directives of the SC, while seeking time till June 30 for compliance with remaining directives. On August 23, the review petition was dismissed by the Court.

On October 30, Punjab Council of Ministers approved the Punjab Police Bill, which is a retrograde move of the SOP, aimed at sweeping the entire effort of police reforms in one stroke, the petitioner argued.

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