C I V I L L I B E RT I E S in affidavits filed before the Supreme Court in the matter of Prakash Singh vs. Union of India which relates, specifically, to the question of police reforms. 4.52 The Memorandum of Action Taken, prepared by the Central Government in response to the Commission's annual report for 2000-01 states, inter alia, that the Government is fully seized of the matter relating to police reforms. It adds that most of the recommendations made by the Padmanabhaiah Committee have been accepted and that the State Governments have been requested to implement such recommendations as relate to them. It is also said that some recommendations need further examination by the Ministry of Home Affairs and that Government is taking steps to modernize the police force in the States, for which purpose the level of the Central allocation under the existing Police Modernization Scheme has been enhanced to Rs. 1000 crores per annum, subject to a matching contribution by the State Government. This, it is said, will enable the State Police Departments to improve forensic laboratories, upgrade training institutions, provide better communication systems, etc. 4.53 The Commission welcomes these developments to modernize the police force. However, the central element in re-gaining public trust and in ensuring that human rights are respected, lies in insulating the investigation work of the police from 'extraneous influences' and removing the 'Damocles sword' of arbitrary transfers of Director-Generals of Police and other key officers that has been used to weaken the capacity of the police to function without fear or favour. 4.54 It is this loss in capacity that has led to wide-spread allegations of police wrong-doing, or complicity in the violation of human rights, and the failure to provide justice to those who have been wronged. 4.55 And it was to this weakness of the police that the Commission drew attention in its annual report for 2001-02, when it observed that recent events in various States of the country had underlined the need to proceed without delay to implement the reforms that had already been recommended by it and by others - to preserve the integrity of the investigation process and to insulate it from extraneous influences. 4.56 Experience of the year 2002-03 confirms the earlier assessment of the Commission. The failure to investigate with integrity has, too often, resulted in a failure to provide justice. The Commission has, thus, continued to receive ANNUAL REPORT 2002-2003 ... ... 59 ... ... ..

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