Holding

The directions of the High Court are no longer relevant because the Bihar Police Act, 2007, enacted to implement the Supreme Court’s Prakash Singh guidelines, governs police administration and transfers.

Summary

A public interest litigation was filed in the Patna High Court seeking directions to stop criminal activities and exploitation by police personnel in Bihar. The High Court issued orders directing the transfer of officers who had remained at a posting for more than four years and mandating the monitoring of FIRs through the National Informatics Centre. The appellants challenged these directions, arguing they conflicted with the Bihar Police Manual. While the appeals were pending, the Bihar Police Act, 2007 was enacted to give effect to the Supreme Court’s directives in Prakash Singh v. Union of India, incorporating provisions on tenure, transfers, and police administration. The Supreme Court held that, in view of the new Act, the High Court’s directions were no longer relevant. Consequently, the appeals were dismissed without costs.

Issues considered

Whether the directions issued by the Patna High Court in the PIL are consistent with the statutory framework governing police transfers and postings.
Whether the enactment of the Bihar Police Act, 2007 supersedes and renders the High Court’s directions ineffective.
Whether the High Court exceeded its jurisdiction by prescribing service conditions for police officers not parties to the petition.

Legislation cited

Bihar Police Act, 2007s. Chapter III (Superintendence and Administration of Police), s. Chapter V (Effective Investigation), s. Section 10 (Transfer & Postings)

Subjects

public interest litigationpolice administrationBihar Police Act 2007police transferstenure of police officersspecial crime investigation unitsjudicial overreachpolice reforms

Judgment

A PRAMOD KUMAR AND ANR.
v.
BIHAR VYAVASAYIK SANGHARSH MORCHA AND ORS.

AUGUST 24, 2007

B [DR.ARIJITPASAYAT ANDALTAMASKABIR,JJ.)

Public Interest Litigation:

Police Administration and Investigation of Crimes-Writ petition filed
C before High Court--Se~king directions to stop criminal events and exploitat~on
by police personnel-High Court giving directions with regard to transfer/
postings of police officials and monitoring of F!Rs-Appeal-Meanwhile, to
give effect to directions of Supreme Court, Bihar Police Act, 2007 enacted-
Held, in view of directions of Supreme Court and as a result the provisions
D made in Bihar Police Act on the subject, the directions of High Court are no
longer relevant.
•
A writ petition under public interest litigation was filed before the High
Court for directions "to stop criminal events" and "exploitations" by officers
and police personnel in the State of Bihar. It was stated that officials· in police
E department continued at one particular station for long period which was
undesirable. The Division Bench of the High Court by its judgment dated
15.5.2006 gave directions, inter alia, with regard to transfer/ postings of
police officials and monitoring the recording of First Information Reports
with the help of National Informatic Centre.

F The instant appeals were 'med contending that the directions given by
the High Court were contrary to the provisions of the Bihar Police Manual.

Meanwhile the Bihar Police Act, 2007 was enacted to give effect to the
directions of the Supreme Court in Prakash Singh 's case*

G Disposing of the appeals, the Court

HELD: In view of the directions of the Court in Prakash Singh 's case
with regard to the tenure of IG Police and other officers, separation of
Investigation, creation of Police Establishment Board and as a result,

H 322
PRAMOD KUMAR v. BIHAR VYAVASAYIK SANGHARSH MORCHA [PASA YAT,J.] 323

enactment of the Bihar Police Act, 2007 providing for, inter alia, A
superintendence and administration of police, functions of State Police Board,
powers and responsibilities of Director General of Police, transfer and
postings, creation and functioning of Special Crime Investigation Units etc.,
the directions of the High Court are no longer relevant.
[Para 4 and 9) (325-D; 329-Hl B
*Prakash Singh and Ors. v. Union of India and Ors., [2006) 8 SCC 1,
referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 3886-3887 of
2007.
c
From the final Judgment and Order dated 14.08.2003 and 21.11.2003 of
the High Court of Judicature at Patna in C. W.J.C. No. 1311 of 2003.

Prabha Shanker Mishra, Upendra Singh Mishra, Dhruv Kumar Jkha,
Ravi and S. Chandra Shekhar for the Appellants.
D
Gopal Singh, Anukul Raj and Rituraj Biswas for the Respondents.

The Judgment of the Court was delivered by

DR. ARIJIT PASA YAT, J. 1. Leave granted.
E
2. Challenge in these appeals is to the order passed by a Division Bench
of the Patna High Court giving certain directions in a Public Interest Litigation
filed by the respondent no. I. The prayer in the writ petition was essentially
to direct the officials "to stop criminal events against the shopkeepers, dealers,
artisans and industrial and industrial units and labourers and industrial units
and also to stop their exploitation by the officers and police personnel." F

3. The basic grievance was that officials in the police department were
continued at one particular station for long period which is undesirable. The
High Court disposed of the writ petition inter-alia with the following directions
and observations:
G
(a) Let the Director General Police make out a list of officers from the
station House Officer up to the Additional Director General of
Police, of whose who have remained in their station for more than .
four years. This dossier is to be supported with infonnation fram
service record as to which officer throughout their career has H
324 SUPREME COURT REPORTS [2007] 9 S.C.R.

A remained at which station and for how long. Officers who have
remained at one station for over four years must see a posting
out within six weeks from today. These would be officers below
the rank of Inspector General of Police. Staff below -the SHOs
who have remained at a particular station beyond three years will
be identified by the District heads of police concerned and their
B movement will be undertaken by the Director General of Police.
It must be mentioned that the period of four years is set because
in the normal course of government service, transfers and postings
are made for officers if they have been at a particular posting for
more than three years. This order obviously does not preclude
c the Director General of Police from making any transfers should
an officer have been at a posting for a lesser period, which is
within normal administrative powers.
(b) On the monitoring of crime which the law obliges the state to
register the court suggests the following measure:-
D
The State ofBihar will request the National Informatics Centre,
Government of India, State unit, to make out a blue print for
monitoring the recording of a First Information Report, whether
it is registered as an FIR or an entry in the General Diary. Every
such record in continuation of the orders of the court dated 5
E August, 2003 will be transmitted by the police stations concerned
to the district police officer, whether the Superintendent of Police
or the Senior Superintendent of Police. This will create a data-
base at the district police headquarters. A summary of the FIR
or the General Diary containing the offences and the person's
name will be transmitted to the District Judgeships (District and
F
Sessions Judge). A periodical report, as the police regulations so
require, will also be given on the progress and action taken on
a reported crime, whether it has culminated in a final report to be
filed or a charge sheet to be filed before the Magistrate concerned.
If common name is occurring of an accused in more than one
G
district, this information will be shared between the police officers
who are heads of the districts concerned and intimated to the
police headquarters and in terms of the order dated August 5,
2003, as also to the district judgeship.

The National Informatics Centre (NIC) will also draw up a plan
H
PRAMOD KUMAR v. BIHAR VYAVASAYIK SANGHARSH MORCHA [PASAYAT, J.) 325

(reference orders of the Court dated August 5 and this order) A
• how an FIR may be recorded by computer by the SP/SSP/CJM
on the failure of the police station to record it, and to create a
data base on crime and criminals in the State.
Report to be submitted by the NIC to the Director General of
Police for due action on it by the State Government, and the High B
Court to be informed on the report and progress on it."

4. Learned counsel for the appellants submitted that the directions are
contrary to the statutory prescriptions i.e Rule 778 (vii) of the Bihar Police
Manual. The averments in the writ petition were extremely vague. Not even
one instance was given to substantiate the prayer to direct officials to stop C
"criminal events" and "exploitations". The High Court instead of dismissing
the frivolous writ petition has given directions touching service conditions
of large number of officials who were not even parties - not even in
representative capacity. During the course of hearing, learned counsel for the
respondent-State brought to our notice the Bihar Police Act, 2007. It appears
that the Bihar Police Act, 2007 has been enacted to give effect to the directions D
of this Court in Prakash Singh and Ors. v. Union of India and Ors., [2006]
8 SCC 1. Several provisions of the Act need to be noted. They read as
follows:

"Chapter III
E
Superintendence and Administration of Police

23. State Police Board

The Government shall, within six months of the coming into force
~- of this Act, establish a State Police Board to exercise the functions F
assigned to it under the provisions of this Chapter.

24. Composition of the State Police Board
The State Police Board shall consist of:

(a) Chief Secretary - Chair person G
(b) Director General of Police - member and

(c) Secretary in charge of the Home Department- member-secretary.

25. Functions of the State Police Board
H
326 SUPREME COURT REPORTS [2007] 9 S.C.R.

A The State Police Board shall perform the following functions:
(a) frame broad policy guidelines for promoting efficient, effective,
-·
responsive and accountable policies, in accordance with the law;
(b) identify performance indicators to evaluate the functioning of
the Police Service. These in-dicators shall, inter alia, include:
B operational efficiency, public satisfaction, victim satisfaction vis-
a-vis police investigation and response, accountability, optimum
utilization of resources, and observance of human right standards;
and
(c) review and evaluate organizational performance of the Police
c Service in the State as a whole as well as district-wise against
performance indicators as identified and laid down and resources
available with and constraints of the police.
27. Powers and responsibilities of the Director General of Police
As head of the State Police Service, it shall be the responsibility
D
of the Director General of Police to:
(a) operationalise the policies, the strategic plan and the annual
plan prepared by the Government; and
(b) administer, control and supervise the Police Service to ensure
E its efficiency, effectiveness, responsiveness and accountability.
30. Transfer & Postings
(i) The transfers and postings of the Police officers and personnel
of Supervisory ranks shall be governed by the rules of Executive

F
Business and such rules framed by the Government from time to
time. -·
(ii) The officers shall ordinarily have a tenure of two years.
Provided that any such officer may be transferred from his post
before the expiry of the tenure of two years consequent upon:
G (a) promotion to a higher post; or
(b) conviction, or charges having been framed, by a court of law in
a criminal offence; or
(c) incapacitation by physical or mental illness or otherwise becoming
unable to discharge his functions and duties; or
H
PRAMOD KUMAR v. BIHAR VYAVASAYIK SANGHARSH MORCHA [PASAYAT, J.] 327

(d) the .need to fill up a vacancy caused by promotion, transfer, or A
retirement; or

(e) any other administrative reasons, which may be in the interest of
efficient discharge of duties."

5. Chapter III relates to superintendence and administration of police. B
6. Section I 0 of the Act deals with the transfer and posting of certain
ranks. The same reads as follows:

"(I) The Police Officers ranging from the rank of Inspector to
Constable will be posted to a particular post within the jurisdiction of C
the District Superintendent of Police by the District Superintendent of
Police. They will have a tenure of six years in a District, eight years
in a Range and ten years in a Zone. Transfers from one district to
another within the Range will be done by a committee consisting of
the Range DIG and the District Superintendents of Police of the
Range. Transfers from one Range to another Range will be made by D
a committee consisting of the Zonal IG and all the Range DIGs of the
Zone. Transfers from one Zone to another Zone will be made by a
committee consisting of the Additional Director General of Police and
all the Zonal IGs.

(2) An officer posted as a Station House Officer in a Police· Station E
or as an officer-in-charge of a Police Circle or Sub-Division or as a
Superintendent of Police of a district shall have a tenn of minimum two
years:

- Provided that any such officer may be transferred from his post
before the expiry of the tenure of two years or more consequent upon:

(a) promotion to a higher post; or
F

(b) conviction, or charges having been framed, by a court of law
in a criminal offence; or
G
(c) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions and duties; or

(d) the need to fill up a vacancy caused by promotion, transfer
or retirement; or

( e) any other administrative reasons, which may be in the interest H
328 SUPREME COURT REPORTS [2007) 9 S.C.R.

A
of efficient discharge of duties."

7. Chapter V deals with effective investigation including use of science
and technology in investigation. Sections 36, 38, 42 and 45 read as follows:

"36. Creation of Special Crime Investigations Units
B
The Government may create, in crime prone areas Special Crime
Investigation units, each headed by an officer not below the
state cadre rank of Sub-Inspector of Police, with such strength
of officers and staff as may be deemed necessary for investigating
economic and heinous crimes. The personnel posted to this unit
c shall not.be diverted to any other duty, except under very special
circumstances with the written permission of the Director General
of Police.
38. Tenure of Posting in Special Crime Investigation Units

D Officers posted to Special Crime Investigation Units will normally
have tenure of three years after which they will be rotated to law
and order and other assignments.
42. Posting of officers and staff to the Special Investigation Cell
The officers and staff to be posted to this Cell shall also be
E selected and specially trained.

45. Selection of officers for C~ime Investigation Department
The officers posted to the Crime Investigation Department will be
selected on the basis of their aptitude, professional competence,
F experience and integrity. They will undergo appropriate training
upon induction, and their knowledge and skills will be upgraded
from time to time through appropriate refresher and specialized
courses."

8. In Prakash Singh's case (supra), it was held in para 31, so far
G relevant, as follows:
"Minimum tenure of JG of police and 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
H in-charge Range, Superintendent of Police in-charge District and Station
./\-.

PRAMOD KUMAR v. BIHAR VYAVASAYIK SANGHARSH MORCHA [PASAYAT,J.] 329

House Officer in-charge of a Police Station shall also have a prescribed A
minimum tenure of two years unless it is found 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 B
the officer.

Separation 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 that there is full C
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 D
(5) There shall be a Police Establishment Board in each State which
shall decide all transfers, postings, promotions and other service
related matters of officers 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 four E
other senior officers of the Department. The State Government may
interfere with the decision of the Board in exceptional cases only after
recording its reasons for doing so. The Board shall also be authorized
to make appropriate recommendations to the State Government
regarding the postings and transfers of officers of and above the rank F
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 as a forum of appeal for disposing of representations
from officers of the rank of Superintendent of Police and above
regarding their promotions/transfers/disciplinary proceedings or their
being subjected to illegal or irregular orders and generally reviewing G
the functioning of the police in the State."

9. Above being the position, the High Court's directions are no longer
relevant. The appeals are accordingly disposed of. No costs.

RP. Appeals disposed of. H