Madras HC moved for implementation of SC directions on Police Reforms

The Madras High Court has been moved calling for the time-bound implementation of the Supreme Court’s judgment in Prakash Singh v Union of India, which had issued detailed directions for police reforms in 2006..The Bench of Justice M Sathyanarayanan and P Rajamanickam issued notice in the petition moved by one Y Akbar Ahmed, while also directing the government to file a status report concerning its implementation..Ahmed moved the PIL after RTI queries made in October last year concerning the steps taken in Tamil Nadu to implement the Prakash Singh judgment went unanswered..The Prakash Singh case was moved by a retired IPS officer in 1996, calling for the introduction of a new law to replace the colonial era Indian Police Act, 1861 and to usher in more accountability and transparency in the functioning of police in India. To this end, the petitioner in that case had sought for a new law in line with the recommendations made by the National Police Commission, constituted in 1977 to recommend reforms on this issue..Following around three years of analysis, the National Police Commission had come out with eight reports between 1979 and 1981. However, its recommendations were left unimplemented, leading Prakash Singh to approach the Supreme Court..In 2006, a three-judge Bench of the Supreme Court directed all states to constitute a State Security Commission, “to ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country.”.Towards the broader aim of bringing in police reforms, the Supreme Court had also passed other detailed directions touching upon the functioning of the proposed State Security Commission, tenure of the Director General of Police and other police officers, transfers and postings of police officers, speedy and independent investigation, setting up of a Police Complaints Authority to address complaints against high ranking police officials etc..The Supreme Court had also ordered that these directions be complied with by all states and union territories in a time-bound manner. However, as submitted by Ahmed before the Madras High Court, the state government has neither complied with, nor implemented any of the Supreme Court’s directions..He has thus prayed for the issuance of a writ of mandamus to ensure that the state implements the Prakash Singh judgment in Tamil Nadu..The matter has been posted to be taken up next in March. The state has been directed to furnish status reports concerning the implementation of the directives in the Prakash Singh judgment.