Holding

The Supreme Court may issue binding directions for police reforms under Article 32/Article 142 and directed specific institutional measures to be implemented immediately.

Summary

The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They argued that the existing police structure suffered from political interference, lack of accountability, and violations of citizens' fundamental rights. The Supreme Court examined whether it could issue binding directions under Article 32/Article 142 in the absence of legislation and considered the urgency of police reform. Relying on the constitutional mandate to ensure the rule of law and on its earlier decision in Vineet Narain, the Court held that it could not wait for legislative action and must issue interim directions. Accordingly, it directed the creation of State Security Commissions, fixed tenure and selection procedures for DGPs and senior officers, separation of investigation from law‑and‑order functions, establishment of Police Establishment Boards, Police Complaints Authorities, and a National Security Commission, to be complied with by 31 December 2006.

Issues considered

The Supreme Court's power to issue directions for police reform under Article 32 and Article 142 of the Constitution.
Whether the Court can compel the Union and State governments to implement specific police reforms in the absence of a new Police Act.
Whether waiting for legislative action would violate the right to rule of law and citizens' fundamental rights.

Legislation cited

All India Services (Discipline and Appeal) Rules
Constitution of Indias. Article 142, s. Article 144, s. Article 32, s. Article 355
Police Act

Subjects

Police reformArticle 32Supreme Court directionsPolice accountabilitySeparation of investigationTenure of DGPState Security CommissionPolice Establishment BoardPolice Complaints AuthorityNational Security CommissionConstitutional law

Judgment

PRAKASH SINGH AND ORS. A
v.
UNION OF INDIA AND ORS.

SEPTEMBER 22, 2006

[Y.K. SABHARWAL, CJ., C.K.THAKKERAND B
P.K. BALASUBRAMANYAN, JJ.]

Constitution of India 1950:

Article 32 read with Article 142-Awaiting framing of appropriate C
legislations wholly insulating the Police from any pressure, guidelines and
directions issued by the Supreme Court-Held, Supreme Court has power to
issue such directions, as may be necessa1y for doing complete justice in any
cause or matter~lndian Police Act, 1861.

Article 144-0rder, guidelines or directions isiued by the Supreme
D
Court-Observance of-Held, all authorities are mandated to act in aid of
orders passed by the Supreme Court.

Considering the far reaching changes that had taken place in the
country after the enactment of the Indian Police Act, 1861 and absence of E
any comprehensive review at the national level of the police system alter
independence despite radical changes in the political, social and economic
situation in the country, the Government of India, appointed a National Police
Commission for fresh examination of the role and performance of the police
both as a law enforcing agency and as an institution to protect the rights of
the citizens enshrined in the Constitution which examined all the issues in F
depth and submitted various reports containing plethora of recommendations.
A draft new Police Act incorporating the recommendations was annexed as
an Appendix to the last report as well. When the recommendations of National
Police Commission were not implemented, for whatever reasons or
compulsions, and they met the same fate as the recommendations of many G
other Commissions of this petition under Article 32 of the Constitution of
India was filed about 10 years back, inter alia, praying for issue of directions
to Government of India to frame a new Police Act on the lines of the model
Act drafted by the Commission in order to ensure that the police is made

473 H
474 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A accountable essentially and primarily to the law of the land and the people.

It was contended by the petitioners that, the present distortions and
aberrations in the functioning of the police have their roots in the Police Act
of 1861, structure and organization of police having basically remained
:
unchanged all these years. Since the misuse and abuse of police has reduced
B it to the status of a mere tool in the hands of unscrupulous masters and in
the process, it has caused serious violation of the rights of the people, it is
contended that there is immediate need to re-define the scope and functions
of police, and provide for its accountability to the law of the land, and implement
the core fecommendations of the National Police Commission. The
C commitment, devotion and accountability of the police have to be only to the
Rule of Law. The supervision and control has to be such that it ensures that
the police serves the people without any regard, whatsoever, to the status and
position of any person while investigating a crime or taking preventive
measures. Its approach has to be service oriented; its role has to be defined
so that in appropriate cases, where on account of acts of omission and
D commission of police, the Rule of Law becomes a casualty, the guilty Police
Officers are brought to book and appropriate action taken without any delay.

The petitioners also sought that Union of India be directed to re-define
the role and functions of the police and frame a new Police Act on the lines
of the model Act drafted by the National Police Commission in order to ensure
E that the police is made accountable essentially and primarily to the law ofthr
land and the people. Directions against the Union of India and State
Governments were also sought to constitute various Commissions and Boards
laying down the policies and ensuring that police perform their duties and
functions free from any pressure and also for separation of investigation work
F from that of law and order. The Commission did commendable work and after
in depth study, made very useful recommendations. After waiting for nearly
15 years, this petition was filed. More than ten years have elapsed since this
petition was filed. Even during this period, on more or less similar lines,
recommendations for police reforms have been made by other high powered
committees as above noticed. The Sorabjee Committee has also prepared a
G draft report. The said Committee had also made very useful recommendations
and come out with a model new Police Act for consideration of the Central
and the State Governments for passing of State Acts on the suggested lines.
Expecting that the State Governments would give it due consideration and
would pass suitable legislations on recommended lines, the police being a State
H subject under the Constitution of India.
PRAKASH SINGH v. U.0.1. 475
Taking cognizance of the issue involved,Jhe Court A
HELD I.I. This Court cannot further wait for Governments to take
suitable steps for police reforms and thus having regard to (i) the gravity of
the problem; (ii) the urgent need for preservation and strengthening of Rule
of Law; (iii) pendency of even this petition for last over ten years; (iv) the fact
that various Commissions and Committees have made recommendations on B
similar lines for introducing reforms in the police set-up in the country; and
(v) total uncertainty as to when police reforms would be introduced, there
cannot be any further wait, and the stage has come for issue of appropriate
directions for immediate compliance so as to be operative till such time a new
model Police Act is prepared by the Central Government and/or the State C
Governments pas5 the requisite legislations. Since the quality of Criminal
Justice System in the country, to a large extent, depends upon the working of
the police force, in larger public interest, it is absolutely necessary to issue
the requisite directions. (483-B, C, D(

Vineet Narain & Ors. v. Union of India & Anr., (1998( t SCC 226, relied D
upon.

1.3. Direction issued for (i) constitution of State Security Commission
in every state, (ii) Procedure of selection of the DGP and the minimum tenure
thereof, (iii) Minimum Tenure of l.G. of Police & other officers, (iv) Separation
of Investigation, (v) Pclice Establishment Board, (vi) Police Complaints E
Authority and setting up of (vii) National Security Commission, to be complied
with by the Central Government, State Governments or Union Territories, as
the case may be, on or before 31st December, 2006 so that the bodies afore-
noted became operational on the onset of the new year. (488-E, Fl

CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 3IOof1996. p
(Under Article 32 of the Constitution of India.)

G.E. Vahanvati, S.G., A. Sharan, A.S.G., Vikas Singh, A.S.G., R.K. Rathore,
A.A.G., J.S. Attri, A.A.G., Ajay Siwach, A.A.G., Prashant Bhushan, Sandhya
Goswami, Amit Anand Tiwari, P. Panneswaran, Swati Mehta, Narain, Sandeep G
Narain (for Mis. S. Narain & Co.), P.V. Dinesh, Vikas Shanna, Anil Katiyar, H.K.
Puri, U. Banerjee, V.M. Chauhan, Priya Puri, R.K. Adsure, Anil Shrivastav,
M.K. Verma, A. Subhashini, KH. Nobin Singh, Sapam Biswajit Meitei,
Hemantika Wahi, Pinky Behera, K.N. Madhusoodhnan, R. Satish, A.
Mariarputham, Aruna Mathur, Mini N. Nair (for Mis. Mariarputham, Arun & H
476 SUPREME COURT REPORTS [2006) SUPP. 6 S.C.R.

A Co.) V.G. Pragasam, S. Vallinayagam, Gopal Singh, Rituraj Biswas, Nishakant
Pandey, Shivani Thakur, Supama Srivastava, Pooja Matlani, Rajesh Srivastava,
Ashok Bhan, S. Wasim A. Qadri, D.S. Mahra, Gopal Singh, Anukul Raj, Mohit
Saha, T.V. George, lndu Malhotra, Liz Mathew, Kunal Tondon, Shiply Kaucik,
Sumita Hazarika, Jana Kalyan Das, R. Ayyam Perumal (N.P.), Riku Sarma (for
,.1

Mis. Corporate Law Group), Ashok Mathur, Mohanprasad Meharia, K.K. Rai,
B Anuvrat Sharma, V.N. Raghupathy, Kaita Wadia, Sanjay R. Hegde, Vibha Datta
Makhija, Ranjan Mukherjee, Kamlendra Mishra, Anis Suhrawardy and
Aruneshwar Gupta for the appearing parties.

The Judgment of the Court was delivered by
c Y.K. SABHARWAL, CJ. Considering the far reaching changes that had
taken place in the country after the enactment of the Indian Police Act, 1861
and absence of any comprehensive review at the national level of the police
system after independence despite radical changes in the political, social and
economic situation in the country, the Government of India, on 15th November,
D 1977, appointed a National Police Commission (hereinafter referred to as 'the
Commission'). The commission was appointed for fresh examination of the
role and performance of the police both as a law enforcing agency and as an
institution to protect the rights of the citizens enshriPed in the Constitution.

The terms and reference of the Commission were wide ranging. The
E terms of reference, inter alia, required the Commission to redefine the role,
duties, powers and responsibilities of the police with special reference to
prevention and control of crime and maintenance of public order, evaluate the
performance of the system, identify the basic weaknesses or inadequacies,
examine if any changes necessary in the method of administration, disciplinary
F control and accountability, inquire into the system of investigation and
prosecution, the reasons for delay and failure and suggest how the system
may be modified or changed and made efficient, scientific and consistent with
human dignity, examine the nature and extent of the special responsibilities
of the police towards the weaker sections of the community and suggest
steps and to ensure prompt action on their complaints for the safeguard of
G their rights and interests. The Commission was required to recommend
measures and institutional arrangements to prevent misuse of powers by the
police, by administrative or executive instructions, political or other pressures
or oral orders of any type, which are contrary to law, for the quick and
impartial inquiry of public complaints made against the police about any
H misuse of police powers. The Chairman of the Commission was a renowned
PRAKASH SINGHv. U.0.1.[Y.K.SABHARWAL,CJ.] 477
and highly reputed former Governor. A retired High Court Judge, two former A
Inspector Generals of Police and a Professor of TATA Institute of Special
Sciences were members with the Director, CBI as a full time Member Secretary.

The Commission examined all issues in depth, in period of about three
and a half years during which it conducted extensive exercise through
. analytical studies and research of variety of steps combined with an assessment B
and appreciation of actual field conditions. Various study groups comprising
of prominent public men, Senior Administrators, Police Officers and eminent
academicians were set up. Various seminars held, research studies conducted,
meetings and discussions held with the Governors, Chief Ministers, Inspector
Generals of Police, State Inspector Generals of Police and Heads of Police· C
organizations. The Commission submitted its first report in February 1979,
second in August 1979, three reports each in the years 1980 and 1981 including
the final report in May 1981.

In its first report, the Commission first dealt with the modalities for
inquiry into complaints of police misconduct in a manner which will carry D
credibility and satisfaction to the public regarding their fairness and impartiality
and rectification of serious deficiencies which militate against their functioning
efficiently to public satisfaction and advised the Government for expeditious
examination of recommendations for immediate implementation. The Commission
observed that increasing crime, rising population, growing pressure of living
accommodation, particularly, in urban, areas, violent outbursts in the wake of E
demonstrations and agitations arising from labour disputes, the agrarian unrest,
problems and difficulties of students, political activities including the cult of
extremists, enforcement of economic and social legislation etc. have all added
new dimensions to police tasks in the country and tended to bring the police
in confrontation with the public much more frequently than ever before. The F
basic and fundamental problem regarding police taken note of was as to how
to make them functional as an efficient and impartial law enforcement agency
fully motivated and guided by the objectives of service to the public at large,
upholding the constitutional rights and liberty of the people. Various
recommendations were made.
G
In the second report, it was noticed that the crux of the police reform
is to secure professional independence for the police to function truly and
efficiently as an impartial agent of the law of the land and, at the same time,
to enable the Government to oversee the police performance to ensure its
conformity to the law. A supervisory mechanism without scope for illegal, H
478 SUPREME COURT REPORTS 120061 SUPP. 6 S.C.R.

A irregular or ma/a fide interference with police functions has to be devised. It
was earnestly hoped that the Government would examine and publish the
report expeditiously so that the process for implementation of various
recommendations made therein could start right away. The report. inter a/ia,
noticed the phenomenon of frequent and indiscriminate transfers ordered on
political considerations as also other unhealthy influences and pressures
B brought to bear on police and, inter alia, recommended for the Chief of Police
in a State. statutory tenure of office by including it in a specific provision in
the Police Act itself and also recommended the preparation of a panel of lPS
officers for posting as Chiefs of Police in States. The report also recommended
the constitution of Statutory Commission in each State the function of which
C shall include laying down broad policy guidelines and directions for the
performance of preventive task and service oriented functions by the police
and also functioning as a forum of appeal for disposing of representations
from any Police Officer of the rank of Superintendent of Police and above.
regarding his being subjected to illegal or irregular orders in the performance-
of his duties.
D
With the 8th and final report, certain basic reforms for the effective
functioning of the police to enable it to promote the dynamic role of law and
to render impartial service to the people were recommended and a draft new
Police Act incorporating the recommendations was annexed as an appendix.
E When the recommendations of National Police Commission were not
implemented, for whatever reasons or compulsions, and they met the same
fate as the recommendations of many other Commissions, this petition under
Article 32 of the Constitution of India was filed about l 0 years back, inter
alia. praying for issue of directions to Government of India to frame a new
p Police Act on the Jines of the model Act drafted by the Commission in order
to ensure that the police is made accountable essentially and primarily to the
law of the land and the people.

The first writ petitioner is known for his outstanding contribution as a
Police Officer and in recognition of his outstanding contribution, he was
G awarded the "Padma Shri" in 1991. He is a retired officer of Indian Police
Service and served in various States for three and a half decades. He was
Director General of Police of Assam and Uttar Pradesh besides the Border
Security Force. The second petitioner also held various high positions in
police. The third petitioner - Common cause is an organization which has
H brought before this Court and High Courts various issues of public interest.
PRAKASH SINGHv. U.0.1.[Y.K.SABHARWAL,CJ.] 479
The first two petitioners have personal knowledge of the working of the A
police and also problems of the people.

It has been averred in the petition that the violation of fundamental and
human rights of the citizens are generally in the nature of non-enforcement
and discriminatory application of the laws so that those having clout are not
held accountable even for blatant violations of laws and, in any case, not B
brought to justice for the direct violations of the rights of citizens in the form
of unauthorized detentions, torture, harassment, fabrication of evidence,
malicious prosecutions etc. The petition sets out certain glaring examples of
police inaction. According to the petitioners, the present distortions and
aberrations in the functioning of the police have their roots in the Police Act C
. of 1861, structure and organization of police having basically remained
unchanged all these years.

The petition sets out the historical background giving reasons why the
police functioning has caused so much disenchantment and dissatisfaction.
It also sets out rt:commendations of various Committees which were never D
implemented. Since the misuse and abuse of police has reduced it to the
status of a mere tool in the hands of unscrupulous masters and in the
process, it has caused serious violations of the rights of the people, it is
contended that there is immediate need to re-define the scope and functions
of police, and provide for its accountability to the law of the land, and
implement the core recommendations of the National Police Commission. The E
petition refers to a research paper 'Political and Administrative Manipulation
of the Police' published in 1979 by Bureau of Police Research and Development,
warning that excessive control of the political executive and its principal
advisers over the police has the iryherent danger of making the police a tool
for subverting the process of law, promoting the growth of authoritarianism, F
and shaking the very foundations of democracy.

The commitment, devotion and accountability of .the police has to be
only to the Rule of Law. The supervision and control has to be such that it
ensures that the police serves the people without any regard, whatsoever, to
the status and position of any person while investigating a crime or taking G
preventive measures. Its approach has to be service oriented, its role has to
be defined so that in appropriate cases, where on account of acts of omission
and commission of police, the Rule of Law becomes a casualty, the guilty
Police Officers are brought to book and appropriate action taken without any
delay.
H
480 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A The petitioners seek that Union of India be directed to redefine the role
and functions of the police and frame a new Police Act on the lines of the
model Act drafted by the National Police Commission in order to ensure that
the police is made accountable essentially and primarily to the law of the land

B
and the people. Directions are also sought against the Union of India and
State Governments to constitute various Commissions and Boards laying
down the policies and ensuring that police perform their duties and functions
free from any pressure and also for separation of investigation work from that
-
of law and order.

The notice of the petition has also been served on State Governments
C and Union Territories. We have heard Mr. Prashant Bhushan for the petitioners,
Mr. G.E. Vahanvati, learned Solicitor General for the Union of India, Ms. Indu
Malhotra for the National Human Rights Commission and Ms. Swati Mehta
for the Common Welfare Initiatives. For most of the State Governments/Union
Territories oral submissions were not made. None of the State Governments/
Union Territories urged that any of the suggestion put forth by the petitioners
D and Solicitor General of India may not be accepted.
Besides the report submitted to the Government of India by National
Police Commission (1977-81 ), various other high powered Committees and
Commissions have examined the issue of police reforms, viz. (i) National
Human Rights Commission (ii) Law Commission (iii) Ribeiro Committee (iv)
E Padmanabhaiah Committee and (v) Malimath Committee on Reforms of Criminal
Justice System.

In addition to above, the Government of India in terms of Office
Memorandum dated 2Qth September, 2005 constituted a Committee comprising
F Shri Soli Sorabjee, former Attorney General and five others to draft a new
Police Act in view of the changing role of police due to various socio-
economic and political changes which have taken place in the country and
the challenges posed by modern day global terrorism, extremism, rapid
urbanization as well as fast evolving aspirations of a modern democratic
society. The Sorabjee Committee has prepared a draft outline for a new Police
G Act (9th September, 2006).
About one decade back, viz. on 3rd August, 1997 a letter was sent by
a Union Home Minister to the State Governments revealing a distres3ing
situation and expressing the view that if the Rule of Law has to prevail, it must
be cured.
H
PRAKASH SINGHv. U.0.1.[Y.K.SABHARWAL,CJ.] 481
Despite strong expression of opinions by various Commissions,' A
Committees and even a Home Minister of the country, the position has not
improved as these opinions have remained only on paper, without any action.
In fact, position has deteriorated further. The National Human Rights
Commission in its report dated 3 lst May, 2002; inter alia, noted that:

"Police Reform: B
28(i) The Commission drew attention in its Ist April 2002 proceedings
to the need to act decisively on the deeper question of Police Reform,
on which recommendations of the National Police Commission (NPC)
and of the National Human Rights Commission have been pending
despite efforts to have them acted upon. The Commission added that C
recent event in Gujarat and, indeed, in other States of the country,
underlined the need to proceed without delay to implement the reforms
that have already been recommended in order to preserve the integrity
of the investigating process and to insulate it from 'extraneous
influences'. D
In the above noted letter dated 3'd April, 1997 sent to all the State
Governments, the Home Minister while echoing the overall popular perception
that there has been a general fall in the performance of the police as also a
deterioration in the policing system as a whole in the country, expressed that
time had come to rise above limited perceptions to bring about some drastic E
changes in the shape of reforms and restructuring of the police before the
country is overtaken by unhealthy developments. It was expressed that the
popular perception all over the country appears to be that many of the
deficiencies in the functioning of the police had arisen largely due to an
overdose of unhealthy and petty political interference at various levels starting
from transfer and posting of policemen of different ranks, misuse of police for F
partisan purposes and political patronage quite often extended to corrupt
police personnel. The Union Home Minister expressed the view that rising
above narrow and partisan considerations, it is of great national importance
to insulate the police from the growing tendency of partisan or political
interference in the discharge of its lawful functions of prevention and control G
of crime including investigation of cases and maintenance of public order.
..
Besides the Home Minister, all the Commissions and Committees above
noted, have broadly come to the same conclusion on the issue of urgent need
for police reforms. There is convergence of views on the need to have (a)
State Security Commission at State level; (b) transparent procedure for the H
482 SUPREME COURT REPORTS (2006] SUPP. 6 S.C.R.

A appointment of Police Chief and the desirability of giving him a minimum fixed
tenure; (c) separation of investigation work from law and order; and (d) a new
Police Act which should reflect the democratic aspirations of the people. It
has been contended that a statutory State Security Commission with its
recommendations binding on the Government should have been established
long before. The apprehension expressed is that any Commission without
B giving its report binding effect would be ineffective.

More than 25 years back i.e. in August 1979, the Police Commission
Report recommended that the investigation task should be beyond any kind
of intervention by the executive or non-executive.
c For separation of investigation work from law and order even the Law
Commission of India in its I 541h Report had recommended such separation to
ensure speedier investigation, better expertise and improved rapport with the
people without of-course any water tight compartmentalization in view of
both functions being closely inter-related at the ground level.
D
The Sorabjee Committee has also recommended establishment of a State
Bureau of Criminal Investigation by the State Governments under the charge
of a Director who shall report to the Director General of Police.

In most of the reports, for appointment and posting constitution of a
E Police Establishment Board has been recommended comprising of the Director
General of Poli~e of the State and four other senior officers. It has been further
recommended that there should be a Public Complaints Authority at district
level to examine the complaints from the public on police excesses, arbitrary
arrests and detentions, false implicatbns in criminal cases, custodial violence
etc. and for making necessary recommendations.
F
Undoubtedly and undisputedly, the Commission did commendable work
and after in depth study, made very useful recommendations. After waiting
for nearly 15 years, this petition was filed. More than ten years have elapsed
since this petition was filed. Even during this period, on more or less similar
G lines, recommendations for police reforms have been made by other high
powered committees as above noticed. The Sorabjee Committee has also
prepared a draft report. We have no doubt that the said Committee would also
make very useful recommendations and come out with a model new Police Act
for consideration of the Central and the State Governments. We have also no
doubt that Sorabjee Committee Report and the new Act will receive due
H attention of the Central Government which may recommend to the State
PRAKASH SINGHv. U.0.1. [Y.K. SABHARWAL, CJ.] 483

. Governments to consider passing of State Acts on the suggested lines. We A
expect that the State Governments would give it due consideration and would
pass suitable legislations on recommended lines, the police being a State
subject under the Constitution of India. The question, however, is whether
this Court should further wait for Governments to take suitable steps for
police reforms. The answer has to be in the negative.
B
Having regard to (i) the gravity of the problem; (ii) the urgent need for
preservation and strengthening of Rule of Law; (iii) pendency of even this
petition for last over ten years; (iv) the fact that various Commissions and
Committees have made recommendations on similar lines for introducing reforms
in the police set-up in the country; and (v) total uncertainty as to when police C
refonns would be introduced, we think that there cannot be any furthe'r wait,
and the stage has come for issue of appropriate directions for immediate
compliance so as to be operative till such time a new model Police Act is
prepared by the Central Government and/or the State Governments pass the
requisite legislations. It may further be noted that the quality of Criminal
Justice System in the country, to a large extent, depends upon the working D
of the police force. Thus, having regard to the larger public interest, it is
absolutely necessary to issue the requisite directions. Nearly ten years back,
in Vineet Narain & Ors. v. Union of India & Anr., [(1998) I SCC 226], this
Court noticed the urgent need for the State Governments to set up the
requisite mechanism and directed the Central Government to pursue the matter E
of police reforms with the State Governments and ensure the setting up of
a mechanism for selection/appointment, tenure, transfer and posting of not
merely the Chief of the State Police but also all police officers of the rank of
Superintendents of Police and above. The Court expressed its shock that in
some States· the tenure of a Superintendent of Police is for a few months and
transfers are made for whimsical reasons which has not only demoralizing F
effect on the police force but is also alien to the envisaged constitutional
machinery. It was observed that apart from demoralizing the police force, it
has also the adverse effect of politicizing the personnel and, therefore, it is
essential that prompt measures are taken by the Central Government.

The Court then observed that no action within the constitutional scheme G
found necessary to remedy the situation is too stringent in thesecircumstances.

More than four years have also elapsed since the report above noted
was submitted by the National Human Rights commission to the Government
of India.
H
484 SUPREME COURT REPORTS (2006) SUPP. 6 S.C.R.

A The preparation of a model Police Act by the Central Government and
enactment of new Police Acts by State Governments providing therein for the
composition of State Security Commission are things, we can only hope for
the present. Similarly, we can only express our hope that all State Governments
would rise to the occasion and enact a new Police Act wholly insulating the
B police from any pressure whatsoever thereby placing in position an important
measure for securing the rights of the citizens under the Constitution for the
Rule of Law, treating everyone equal and being partisan to none, which will
also help in securing an efficient and better criminal justice delivery system.
It is not possible or proper to leave this matter only with an expression of
this hope and to await developments further. It is esse.ntial to lay down
C guidelines to be operative till the new legislation is enacted by the State
Governments.

Article 32 read with Article 142 of the Constitution empowers this Court
to issue such directions, as may be necessary for doing complete justice in
any cause or matter. All authorities are mandated by Article 144 to act in aid
D of the orders passed by this Court. The decision in Vineet Narain 's case
(supra) notes various decisions of this Court where guidelines and directions
to be observed were issued in absence of legislation and implemented till
legislatures pass appropriate legislations.

Wit!i the assistance of learned counsel for the parties, we have perused
E the various reports. In discharge of our constitutional duties and obligations
having regard to the aforenoted position, we issue the following directions
to the Central Government, State Governments and Union Territories for
compliance till framing of the appropriate legislations :

F State Security Commission
(I) The State Governments are directed to constitute a State Security
Commission in every State 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
G the State police always acts according to the laws of the land and
the Constitution of the country. This watchdog body shall be
headed by the Chief Minister or Home Minister as Chairman and
have the DGP of the State as its ex-officio Secretary. The other
members of the Commission shall be chosen in such a manner
that it is able to function independent of Government control. For
H this purpose, the. State may choose any of the models
PRAKASH SINGHv. U.0.1.[Y.K.SABHARWAL,CJ.] 485

recommended by the National Human Rights Commission, the A
Ribeiro Committee or the Sorabjee Committee, which are as under:

NHRC Ribeiro Committee Sorabjee Committee
~···

I. Chief Minister/HM I. Minister i/c Police as I. Minister i/c Police (ex-
as Chairman. Chairman officio Chairperson)
2. Lok Ayukta or, in 2. Leader of Opposition 2. Leader of Opposition B
his absence. a retired
Judge of High Court
to be nominated by
Chief Justice or a
Member of State
Human. rights
Commission
c
3. A sitting or retired 3. Judge, sitting or retired, 3. Chief Secretary,
Judge nominated by nomintated by Chief
Chief Justice of High Justice of High Court.
Court.
4. Chief Secretary 4. Chief Secretary · 4. DGP (ex-officio
Secretary) D
S. Leader of Opposi- 5. Three non-political 5. Five independent
tion in Lower House. citizens of proven Members.
.
merit and integrity .
6. DGP ex-officio 6. DGP Police as
Secretary Secretary.
E

The recommendations of this Commission shall be binding on the State
Government.

The functions of the State Security Commission would include laying F
down the broad policies and giving directions for the performance of the
preventive tasks and service oriented functions of the police, evaluation of
the performance of the State police and preparing a report thereon for being
placed before the State legislature.

Selection and Minimum Tenure ofDGP: G
(2) The Director General of Police of the State shall be selected by
the State Government from amongst the three senior-most officers
of the Department who have been empanelled for promotion to
that rank by the Union Public Service Commission on the basis
H
486 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A of their length of service, very good record and range of experience
for heading the police force. And, once he has been selected for
the job, he should have a minimum tenure of at least two years
irrespective of his date of superannuation. The DG P may, however,
be relieved of his responsibilities by the State/Government acting
in consultation with the State Security Commission consequent
B upon any action taken against him under the All India Services
(Discipline and Appeal) Rules or following his conviction in a
court of law in a criminal offence or in a case of corruption, or
if he is otherwise incapacitated from discharging his duties.

C Minimum Tenure of l.G. of Police & other officers:

(3) Police Officers on operational duties in the field like the Inspector
General of Police in-charge Zone, Deputy Inspector General of
Police in-charge Range, Superintendent of Police in-charge district
and Station House Officer in-charge of a Police Station shall also
have a prescribed minimum tenure of two years unless it is found
D
necessary to remove them prematurely following disciplinary
proceedings against them or their conviction in a criminal offence
or in a case of corruption or if the incumbent is otherwise
incapacitated from discharging his responsibilities. This would
be subject to promotion and retirement of the officer.
E
Sera ration of Investigation:

(4) The investigating police shall be separated from the law and
order police to ensure speedier investigation, better expertise and
improved rapport with the people. It must, however, be ensured
F that there is full coordination between the two wings. The
separation, to start with, may be effected in towns/urban areas
which have a population of ten lakhs or more, and gradually
extended to smaller towns/urban areas also,

Police Establishment Board:
G (5) There shall be a Police Establishment Board in each State which
shall decide all transfers, postings, promotions and other service
related matters of ow::.ers of and below the rank of Deputy
Superintendent of Police. The Establishment Board shall be a
departmental body comprising the Director General of Police and
H four other senior officers of the Department. The State Government
PRAKASH SINGHv. U.0.1.(Y.K.SABHARWAL,CJ.] 487

may interfere with decision of the Bo_ard in exceptional cases only A
after recording its reasons for doing so. The Board shall also be
authorized to make appropriate recommendations to the State
Government regarding the posting and transfers of officers of
and above the rank of Superintendent of Police, and the
Government is expected to give due weight to these
recommendations and shall normally accept it. It shall also function B
as a forum of appeal for disposing of representations from officers
of the rank of Superintendent of Police and above regarding their
promotion/transfer/disciplinary proceedings or their being
subjected to illegal or irregular orders and generally reviewing the
functioning of the police in the State. C
Police Complaints Authority:

(6) There shall be a Police Complaints Authority at the district level
to look into complaints against police officers of and up to the
rank of Deputy Superintendent of Police. Similarly, there should D
be another Police Complaints Authority at the State level to look
into complaints against officers of the rank of Superintendent of
Police and above. The district level Authority may be headed by
a retired District Judge while the State level Authority may be
headed by a retired Judge of the High Court/Supreme Court. The
head of the State level Complaints Authority shall be chosen by E
the State Government out of a panel of names proposed by the
Chief Justice; the head of the district level Complaints Authority
may also be chosen out of a panel of names proposed by the
Chief Justice or a Judge of the High Court nominated by him.
These Authorities may be assisted by three to five members
depending upon the volume of complaints in different States/ F
districts, and they shall be selected by the State Government
from a panel prepared by the State Human Rights Commission/
Lok Ayukta/State Public Service Commission. The panel may
include members from amongst retired civil servants, police officers
or officers from any other department, or from the civil society. G
They would work whole time for the Authority and would have
to be suitably remunerated for the services rendered by them.
The Authority may also need the services of regular staff to
conduct field inquiries. For this purpose, they may utilize the
services of retired investigators from the CID, Intelligence,
Vigilance or any other organization. The State level Complaints H
488 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A Authority, would take cognizance of only allegations of serious
misconduct by the police personnel, which would include incidenrs
involving death, grievous hurt or rape in police custody. The
district level Complaints Authority would, apart from above cases,
may also inquire into allegations of extortion, land/house grabbing
or any incident involving serious abuse of authority. The
B recommendations of the Complaints Authority, both at the district
and State levels, for any action, departmental or criminal, against
a delinquent police officer shall be binding on the concerned
authority.

C National Security Commission:

(7) The Central Government shall also set up a National Security
Commission at the Union level to prepare a panel for being
placed before the, appropriate Appointing Authority, for selection
and placement of Chiefs of the Central Police Organisations (CPO),
who should also be given a minimum tenure of two years. The
D
Commission would also review from time to time measures to
upgrade the effectiveness of these forces, improve the service
conditions of its personnel, ensure that there is proper
coordination between them and that the forces are generally
utilized for the purposes they were raised and make
E recwnmendations in that behalf. The National Security Commission
could be headed by the Union Home Minister and comprise
heads of the CPOs and a couple of security experts as members
with the Union Home Secretary as its Secretary.

The aforesaid directions shall be complied with by the Central
F Government, State Governments or Union Territories, as the case may be, on
or before 31st December, 2006 so that the bodies afore-noted became
operational on the onset of the new year. The Cabinet Secretary, Government
of India and the Chief Secretaries of State Governments/Union Territories are
directed to file affidavits of compliance by 3rd January, 2007.
G Before parting, we may note another suggestion of Mr. Prashant Bhushan
that directions be also issued for dealing with the cases arising out of threats
.....
emanating from international tem~ri~:11 or organized crimes like drug trafficking,
money laundering, smuggling of weapons from across the borders,
counterfeiting of currency or the activities of mafia groups with trans-national
H links to be treated as measures taken for the defence of India as mentioned
PRAKASH SINGHv. U.0.1.[Y.K.SABHARWAL,CJ.) 489
in Entry. I of the Union List in the Seventh Schedule of the Constitution of A
India and as internal security measures as contemplated under Article 355 as
these threats and activities aim at destabilizing the country and subverting
the economy and thereby weakening its defence. The suggestion is that the
investigation of above cases involving inter-state or international ramifications
deserves to be entrusted to the Central Bureau of Investigation.
B
The suggestion, on the face· of it, seems quite useful. But, unlike the
aforesaid aspects which were extensively studied and examined by various
experts and reports submitted and about which for that reason, we had no
difficulty in issuing directions, there has not been much study or material
before us, on the basis whereof we could safely issue the direction as C
suggested. For considering this suggestion, it is necessary to enlist the views
of expert bodies. We, therefore, request the National Human Rights Commission,
Sorabjee Committee and Bureau of Police Research and Development to
examine the aforesaid suggestion of Mr. Bhushan and assist this Court by
filing their considered views within four months. The Central Government is
also directed to examine this suggestion and submit its views within that time. D

Further suggestion regarding monitoring of the aforesaid directions that
have been issued either by National Human Rights Commission or the Police
Bureau would be considered on filing of compliance affidavits whereupon the
matter shall be listed before the Court.

B.K.