Making some far-reaching recommendations, the second administrative reforms commission (ARC) has suggested the enactment of laws to govern the working of the CBI, to empower the Centre to deploy armed forces in states and separation of crime investigation from other police functions.
In its 342-page report on “public order”, the ARC, headed by former chief minister M Veerappa Moily also suggested that Armed Forces Special Powers Act in the North-East be repealed.
It said the obstruction of justice should be defined as an offence, tenure of the crime and law and order police at all levels be fixed for three years and a system of district attorneys be constituted where they supervise prosecution and investigation of crime in a district. The report was submitted to Prime Minister Manmohan Singh on Monday.
The existing system of constabulary should be substituted with recruitment graduates at the level of assistant sub-inspectors except for the armed police, an independent inspectorate of police be established to carry out performance audit of police stations and police officers and prosecution in cases related to rioting or communal offences should not be allowed to be withdrawn, the ARC recommended.
Gender sensitivity
On the issue of gender sensitivity, the Moily panel said representation of women and under represented sections of society in police should be increased through affirmative actions. Women should constitute 33 per cent of the police force. Deployment of police personnel in police stations with significant proportion of religious and linguistic minorities should be in proportion to the population of such communities within the local jurisdiction to such police station.
On registration of FIRs, the Commission said it should be made citizen-friendly and technology should be used to improve accessibility of police stations to the public.
Realting to CBI
On its recommendations relating to CBI, the Commission said: “A new law should be enacted to govern the working of CBI. This law should also stipulate its jurisdiction including the power to investigate the new category of crimes. The empowered committee recommended in the ARC report on `Ethics in Governance’ would decide on cases to be taken over by CBI’, it added.
On deployment of forces, which is likely to receive strong reaction from the states, it said the new law should even direct such forces in case of major public order problems which may lead to the breakdown of the constitutional  machinery in a state. “However, such deployment should take place only after the state concerned fails to act on a direction issued by the Union.”