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CIVIL LIBERTIES
4.36 This Commission has been deeply concerned with the subject of systemic police
reforms. It pronounced its stand in the affidavit filed before the Supreme Court in the
matter of Prakash Singh Vs UOI and Others (Civil Writ Petition No.301 of 1996) and its
various annual reports. The matter of Prakash Singh Vs UOI is sub judice in the Apex
Court. The Commission continued to participate in the proceedings before the Supreme
Court in respect of this case.
4.37 The Central Government in response to the Commission’s recommendations, in earlier
annual reports such as implementation of some of the important recommendations of NPC
for improving the quality of policing in the country, has taken some concrete steps towards
modernization of the police. The Commission wishes to reiterate its earlier stand that the
steps to modernize the police are welcome, and are in fact necessary, but not sufficient to
bring about the necessary systemic reforms in the police force. The key to these reforms is
the integrity of the investigation process and its insulation from extraneous influence.
4.38 The Memorandum of Action Taken prepared by the Central Government in response
to the annual report for 2000 - 2001 had stated, inter- alia, that all the recommendations
made by the Padmanabhaiah Committee had been accepted and the State Governments
had been requested to implement such recommendations as relate to them. The progress
made in this regard needs to be reviewed / monitored at the highest level.
4.39 The Commission has been receiving complaints, inter alia, of police wrong doings
and their complicity in the violation of human rights and failure to provide justice to
those who have been wronged. The Commission had referred in its earlier reports to the
large-scale violation of human rights in Gujarat starting with the tragedy in Godhra on
27.2.2002. The National Human Rights Commission once again urges both the Central
and State Governments to act with determination to implement the various police
reforms recommended by it in its various proceedings and earlier reports.
4.40 The Commission earnestly feels that it is critically important not to let our criminal
justice system slide down in public trust. The police reforms outlined by the Commission
in its earlier reports and in its submission pending before the Hon’ble Supreme Court
in the case of Prakash Singh Vs UOI and Others be acted upon without further delay.
4.41 The Govt. has set up sometime back a Committee under the Chairmanship of
Justice V.S. Malimath to consider and recommend measures for revamping the Criminal
Justice System. The Ministry of Home Affairs, Government of India has sent a copy of
the report to the Commission eliciting its views on these recommendations. The Commission
is seized of the matter and its views will be sent to the Government shortly.
E] Functioning of Human Rights Cells in state Police Head Quarters
4.42 The question of promoting appropriate in-house machinery in the office of the
Director General of Police in the states for ensuring better protection of Human Rights
NATIONAL HUMAN RIGHTS COMMISSION