Noting that Criminal cases suffer due to lack of adequate investigation, the Calcutta High Court on Thursday (10th December) observed,"It is time that police reforms are introduced, during this State to bifurcate the Law and Order Wing from the Investigating Wing."
The division Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee were hearing a case of a missing girl, wherein despite nonce afforded to the State, it further sought time to locate the missing girl.
Before the Court, a report was filed by the Inspector-in-Charge of Arambagh police headquarters, dated December 10, 2020, but there was no indication therein on the whereabouts of the missing girl. Replying to this, the Court held ,"Criminal cases suffer due to lack of adequate investigation and lack of adequate material being produced. Although maintaining Law and Order is a integral part of the police duty, the investigating arm can't be compromised."
The Court further directed that, replicate of this order should be forwarded to the Chief Secretary and therefore the Home Secretary of the State "for appropriate measures to be taken in terms of the High Court dictum in Prakash Singh v. Union of India [(2006) 8 SCC 1] and therefore the police reforms that remain outstanding for quite a decade after such pronouncement."
In Prakash Singh's Case (supra), the Apex Court had instructed Central and State governments to suit a group of seven directives associated with operational reform and functional autonomy of the police. The Apex Court had also said that, there should be a Public Complaints Authority at District level to look at the complaints from the general public on police excesses, arbitrary arrests and detentions, false implications in criminal cases, custodial violence etc. and for creating necessary recommendations.
[NOTE: Several States remain in contempt of the High Court's judgment and haven't implemented the ruling of Prakash Singh.]
In June 2020, an application was filed before the Supreme Court (by Amicus Sr Adv Raju Ramachandran), suggesting measures for quick and effective implementation of the Prakash Singh ruling for systemic police reforms.
Recently, Madras High Court took note of the suicides and desertions within the police while observing that "there is not any mechanism available within the police which is rationale why numerous genuine grievances of the Police couldn't be addressed."
The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi also held that the "Uniformed police is under so much stress both physically and psychologically."
The Bench directed that copies of this order should be reached to the Chief Secretary and therefore the Home Secretary of the State for appropriate measures to be taken in terms of the High Court dictum in Prakash Singh v. Union of India [(2006) 8 SCC 1] and therefore the police reforms that remain outstanding for quite a decade after such pronouncement.
The Court has further ruled that the Superintendent of Police, Hooghly, should file a report on the next date, that is December 21, 2020. Outgoing Governor in 2018 , Keshari Nath Tripathi has described his experience in West Bengal as "Sweet and Sour", maintaining that Education and Law-and-Order situation within the State should be improved to make sure its overall progress.
Tripathi, who has had several run-ins with the Trinamool Congress government during his five-year stint, said "somehow" industrialists weren't keen on investing within the State despite the government's sincere efforts therein direction. The Court opinion that if the duties were divided, one team of the police can attend the spot also as maintain Law and Order within the event of any incident.
The other team, meanwhile, can begin investigation without wasting any time. Latest Calcutta Police statistics show crime incidents are rising sharply within the capital.
Several panels and therefore the High Court itself had earlier suggested the separation of investigation from Law and Order duties for the higher functioning of the police and increased security within the capital.
The Delhi High Court in 2013 had said separating the Law and Order duties of Delhi Police from crime detection and investigation will help improve the Capital’s security mechanism.
The "mMen in Khaki" in all the States are exhausted and the police reforms ordered by the Court eight years ago will not work as long as their Law and Order duties are not separated from investigations, the Supreme Court said in 2014.
The formation of two wings is important for improving the safety mechanism of all States. If the wings were separated, many criminals won't escape and therefore the Law and Order situation also will improve. If the duties were divided, one team of the police can attend the spot also as maintain Law and Order within the event of any incident. The opposite team, meanwhile, can begin investigation without wasting any time. A number of developing countries have accepted and implimented the model of separating police units that handle crime cases from police who handle maintenance of Law and Order.
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