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J&K's Police Establishment Board exists only on paper alone
2/5/2013 12:17:03 AM
Early Times Report
Srinagar, Feb 4: The Government claims to have established the Police Establishment Board (PEB) in J&K State under Supreme Court directive but is not at all functional.
As per the 2006 directive of the Supreme court of India in the case of Prakash Singh versus Union of India on police reforms a Police Establishment Board has to be established in each State. This board is supposed to decide all postings, transfers, promotions and other service matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board has to be a departmental body comprising the Director General of Police and four other senior officers of the Department as its members. The State Government may interfere with decision of the Board in exceptional cases only after giving its reasons for doing so. The Police Establishment Board (PEB) shall also be authorized to make recommendations to the State Government regarding the posting and transfers of police officers of and above the rank of Superintendent of Police, and the Government is supposed to give due consideration to these recommendations and has to normally accept it. The PEB shall also operate as a kind forum for disposing appeals and other issues of the police officers of the rank of Superintendent of Police and above.
The state government has created a Police Establishment Board (PEB) but that exists on papers only. The activists and experts on this matter say the powers of the Board are not a binding on the Govt as it cannot make recommendations regarding the Superintendent of Police and above. In view of all this it is quite uncertain whether the Board has been actually set up or not at the ground level.
While talking to Early Times, Navaz Kotwal who is Coordinating Police Reforms team of CHRI said that in view of the deficit in public trust and the common perception that the police protect their own men and even when officers are facing charges of serious criminal cases publicising the efforts of the Boards may go some way to alleviate the public perception that the police does not enforce discipline within its ranks, she said. The militancy effected J&K State has in the past faced heavy public protests over this point. The J&K state does not have an extraordinary security environment, it is safe to argue that the trends in police criminality are the same across the country. The Court lists these direct violations of the rights of citizens at the hands of the police as unauthorised detentions, torture, harassment, fabrication of evidence, malicious prosecutions, etc. It is important to mention that the Police Establishment Board will, in no way challenge the authority of the Chief Minister or the Home Minister instead the board contrary will greatly help the Chief Minister and the Home Minister in many ways. The CM or the Home Minister can always intervene in exceptional situations.
Navaz Kotwal believes that any implementation of the Supreme Court directives is very much essential in building the public trust in the police in the society. "While keeping in mind that it is an internal police body, it is strongly recommended that the state prioritise focused efforts towards publicising its plans for the Boards, by posting all orders on its website and to inform the press of all the developments and it must release the names and ranks of the officers who have been chosen for the Police Establishment Boards and make them easily available for the people, Navaz added.
But if one accesses the J&K Police website one can find just few lines about the Police Establishment Board in J&K and who are the officers which constitute this board is totally missing.
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