It's high time: Have some spine, comrades'

Police services are different from many other services of the state.  Directly they are expected to protect the life, liberty and property of the citizens.  Unlike other Government servants, the police is mostly directly answerable to courts of law through different acts and rules.  Any partisan attitude by the police can result in considerable damage to our democracy. Even though the legislature, the executive, the judiciary and the free media are the four pillars of democracy; many a time the common man sees it in practice through the impartial and sincere activity of the police.  Even though everyone is answerable to the law, this is much more so in the case of police performance.  Whenever a ministry is sworn in, there is a hue and cry on the police policy of the new Government. The police policy of the government is not manifest in speeches made by political leaders or the Home Minister or the Chief Minister but by the acts, rules and the government orders.

Most police activities are governed by the CrPC, the Police Act and rules, the police standing orders, the directions of the Supreme Court and high courts and by the circulars issued by the head of the police forces. All these are template on the Constitution to ensure fundamental rights of citizens and the integrity and security of the nation.  Any deviation from the principle of rule of law by the police can favour one side and harm the other side. For example, if a person, 'A', is attacked by 10 persons 'B to K'. 'A' complaints to the police that he was severely attacked by 'B to K'.  The police is expected to register a case and do an impartial investigation to find out the truth, evidence and take legal measures as per the evidence, to ensure a proper trial by a court of law.  If proper evidence is collected and presented before the court and honest statements are taken, the accused will get appropriate punishment. 

This punishment is a deterrent as well as prevention. It prevents other criminals from taking such a course of action. But if the police does not conduct an honest and thorough investigation and in fact,  takes a complaint from 'B to K' and register a counter case against 'A' and threaten him that he will be in jail and if he proceeds with the complaint against 'B to K', what will happen?  There will be no faith in law and order. Ultimately each sufferer will be forced to take arms to protect his/her rights or avenge attackers. That is why it is imperative that the police acts impartially, abiding by the  Constitution, CrPC, the Police Act and other Acts and Rules and judgments.  

The police cannot act merely to satisfy the mob. It cannot be a weapon of mobocracy.  It is the most important instrument of democracy.  However, all ruling parties have been trying to use the police against their political opponents in one way or the other. The main weapon for this is not the police policy that is publicly preached by these political bosses. It is the instrument of transfer and postings that is used to bend the police hierarchy the way politicians want. IPS officers are expected to withstand this pressure applied on police services. But most of them follow the principle of least resistance and positive appeasement. When politicians interfere, violating all canons, police also uses the opportunity to exploit for themselves. This engenders uniformed goondas as observed by Justice Mulla. 

If police officers align with one or the other political party along, coupled with governmental interference, it can really wreck democracy. It leads to anarchy. The police ends up as uniformed goons of the political establishment, in total disregard of the law. That is why Article 33 of the Constitution has Police Forces Restriction of Rights Act 1966. This has been adopted by all states, police being a state subject. This Act clearly defines the limits of police activity in terms of associations. The Kerala Police Act 1961 and now Kerala Police Act 2011 also take into consideration the Police Forces Restriction of Rights Act 1966. The Police Act 2011 chapter 7 clearly defines the role and limitations of police services in Kerala from section 84 to 112. Section 109 deals with police associations. Police associations are permitted by a Government of India decision in 1979 and came into being on March 22, 1980.

1. It will be interesting to note that Dr Jacob Thomas was dealt with under (c- see box) above for the publication of his book. 
2. Several commissions during British rule and post-Independence have been constituted for improving the working of the police and to ensure an impartial, democratic, efficient, humane police services. Instead of empowering police to act on its own as per law and take the responsibility and accountability, most of the time in the name of improving policing, much more restrictions, some of them almost impractical, have also been used to tighten the policing. Most often, police officers are forced to act without any power, but taking all responsibility upon themselves. 

The Prakash Singh case came up because of the failure of recommendations of various police commissions and interference by the Supreme Court to improve policing as an impartial democratic efficient mechanism.  After about 10 years of protracted hearing, the Supreme Court pronounced an interim judgment in 2006.  This judgment was pronounced to ensure police responsibility and loyalty towards the rule of law rather than appeasement of the powers that be. Some of the conditions of the court were for ensuring the police Establishment Board, Police Complaints Authority and State Security Commission and conditions on transfer and postings of police officers. 

All Police Acts were to be re-enacted in consonance with the directives of the Supreme Court.  However, lots of leverages are added while making the law. Objectives of the Supreme Court to ensure police adherence to rule of law is considerably watered down as pointed out by the Supreme Court several times. 
 Moreover, the failure of IPS officers to see efforts of the Supreme Court in Prakash Singh case and take up the cudgels for creating a police force fit for the democratic and constitutional spirit of India never took place. I may be the single police officer who went up to the Supreme Court to get the law, directed by the Supreme Court, to be established. Political powers along with some stooges in the officialdom then pounced on me with fabricated cases to demonstrate to others what awaits them if they defy the political bosses.

Strict code for associations

Kerala Government GO (Ms)No.134/79/Home dated 04/10/1979 issued the bylaw of the Kerala Police Association. After this, many orders and directions, police headquarters had issued circular No.03/2012. It is relevant to quote some portions from the circular here:  "Restrictions respecting right to form association, freedom of speech…

(1) No member of a police force shall without the express sanction of the Central Government or of the prescribed authority,( a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or ( b). be a member of, or be associated in any way with, any other society, institution, association or organization that is not recognized as part of the force of which he is a member or is not of a purely social, recreational or religious nature; or ©. communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.

(2) No member of a police force shall participate in, or address, any meeting or take part in any demonstration organized by any body of persons for any political purposes or for such other purposes as may be prescribed."
2. The above restrictions are imposed to ensure that police forces maintain political neutrality. The public must perceive the police to be politically neutral with regard to activities of political parties. This is essential for maintenance of law and order and for upholding the rule of law.

Therefore the conduct of police personnel, both individually and collectively, must conform to the constitutional, legal, professional and practical requirements of maintenance of political neutrality. In view of the above, the following further guidelines, in addition to those specified in the references cited, are issued with regard to publications and publicity by police personnel, whether individually or collectively or in the name of any recognized association.

IPS officers of integrity are guarantee for fair policing

How many transfers of officers against the norms prescribed by the Police Act and by the Supreme Court have been done? Not only in the state of Kerala but in all states.  How many officers dared to take up the issue before a court of law? How many PILs were filed against the blatant violation of the Supreme Court judgment by governments with ulterior political motive?  The answer is mostly "Nil". Police officers see that the police hierarchy cannot ensure their transfers/postings and protect them in actions taken in good faith. But at the same time see if they take orders from local political bosses, they will enjoy convenient postings and transfers. Even if the court punishes them, everything will be overlooked and promotions, including conferring of IPS, can be ensured. Most officers are content doing this.

But this is anathema to a police officer with dignity, wedded to the spirit of democracy, the Constitution and the security of the state and committed to future generations. Political bosses will find methods to cut the resistance in an "exemplary" manner lest those in lower rungs should dare to fight.  Not blaming any particular government, but definitely degrees of interference vary as political dispensations differ.  The way out is to ensure a responsible authority that acts by police law but with judicial control over yearly postings. The system should also ensure police transfer and postings in strict adherence to the directions issued by the Supreme Court.

If not the police officer, the public should initiate the contempt of court proceedings against the wrong actions of the government. I had issued Circular No. 16/2017 with regard to the transfer of officers and the role of police establishment board. But it all depends on the Chief of the state police, whether to go by the Constitution, Cr PC, Police Act and Supreme Court orders or go by the oral instructions of the powers-that-be.  It is a question of one's spine and erecting proper vertebra for the IPS. Good policing depends on upright IPS officers with integrity, no matter what has been laid down in the Constitution, the acts, laws and directives of the Supreme Court and other courts.

One of the reasons why police associations become politically subservient is because police association leaders want to appease the political bosses and secure personal benefits. They do not mind that the entire system remains beholden to the ruling political dispensation. One remedy is to ensure that no police personnel who becomes an office-bearer is eligible to continue for more than one year in that office and should not be  eligible to contest any post of office-bearers at least for the next 15 years. 

If every year police association office-bearers change there will be very little opportunity of allegiance to any political party and there will be better accounting of money collected by the association. Huge money is collected by the association every year, which also gives office-bearers tremendous bargaining power. Moreover, the unit heads and the SPC have to ensure that the all police associations strictly abide by laws and rules.

Whether we have Police Forces Restriction of Rights Act and the state Police acts and rules, the bylaws of the associations, the government servants conduct rules, the circulars of the SPC and the judgments of Courts, the police force will remain non-political if only the IPS officers have some character and abide by the law of the land than appease political bosses. The media as a watchdog and the public as a response system can ensure that blatant violations do not take place.  Eternal vigilance is the price society has to pay for this.