The first writ petitioner is known for his outstanding companytribution as a Police Officer and in recognition of his outstanding companytribution, he was awarded the Padma Shri in 1991.
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 companytrary to law, for the quick and impartial inquiry of public companyplaints made against the police about any misuse of police powers.
The report also recommended the companystitution of Statutory Commission in each State the function of which 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.
In its first report, the Commission first dealt with the modalities for inquiry into companyplaints of police misconduct in a manner which will carry 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.
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.
The Chairman of the Commission was a renowned and highly reputed former Governor.
The Commission examined all issues in depth, in period of about three and a half years during which it companyducted extensive exercise through analytical studies and research of variety of steps companybined with an assessment and appreciation of actual field companyditions.
Various study groups companyprising of prominent public men, Senior Administrators, Police Officers and eminent academicians were set up.
When the recommendations of National Police Commission were number implemented, for whatever reasons or companypulsions, 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 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 accountable essentially and primarily to the law of the land and the people.
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.
The terms and reference of the Commission were wide ranging.
The companymission 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 enshrined in the Constitution.
He was Director General of Police of Assam and Uttar Pradesh besides the Border Security Force.
A retired High Court Judge, two former 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.
It also sets out recommendations of various Committees which were never implemented.
He is a retired officer of Indian Police Service and served in various States for three and a half decades.
The report, inter alia, numbericed the phenomenon of frequent and indiscriminate transfers ordered on political companysiderations as also other unhealthy influences and pressures 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 IPS officers for posting as Chiefs of Police in States.
The second petitioner also held various high positions in police.
The petition sets out the historical background giving reasons why the police functioning has caused so much disenchantment and dissatisfaction.
The first two petitioners have personal knowledge of the working of the police and also problems of the people.
The third petitioner Common cause is an organization which has brought before this Court and High Courts various issues of public interest.
The 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 companytrol 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 companytrol 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 companysistent with human dignity, examine the nature and extent of the special responsibilities of the police towards the weaker sections of the companymunity and suggest steps and to ensure prompt action on their companyplaints for the safeguard of their rights and interests.
Considering the far reaching changes that had taken place in the companyntry after the enactment of the Indian Police Act, 1861 and absence of any companyprehensive review at the national level of the police system after independence despite radical changes in the political, social and economic situation in the companyntry, the Government of India, on 15th November, 1977, appointed a National Police Commission hereinafter referred to as the Commission .
K. Sabharwal, CJI.
