SC seeks views of Centre, states on police reforms

A bench headed by Chief Justice S H Kapadia was hearing a petition seeking police reforms including appointment of state police chiefs on a fixed tenure basis. The court seemed to be concerned as the bench said it did not want any conflict between the proposed law and its judgment.

“Whether the present Lokpal Bill will impinge on any area with which we are concerned. We do not want that there should be any conflict or overlapping in the exercise (carried by it),” the bench, also comprising Justices Aftab Alam and K S Radhakrishnan, said.

Since a lot of debate and discussion were going on concerning the issue of Lokpal Bill, the bench said that it would not like a situation to arise when its judgment on the issue of police reforms would have any effect on the new law.

Advocate Prashant Bhushan submitted there was a strong need for separating the investigation wing of the CBI and police from the department managing law and order situation. He said the CBI should be made independent of the government and likewise CB-CID in states should be kept out of the ambit of their respective governments and brought under the ambit of Lokayukta.

However, the bench said it would not like to deliberate on the issue and posted the matter for January 9 asking Additional Solicitor General Gaurav Banerjee and others to come out with a clear-cut view on it.

The bench had on January 17 decided to delve into the issue of appointment of state police chiefs on a constitutional basis while also factoring in its limitation that it (apex court) did not govern the country.

The apex court had in September 2006 passed a slew of directions for police reform on the petition filed by former DGP of Uttar Pradesh Prakash Singh.