CIVIL LIBERTIES
4.43 The Commission has recorded, in its past reports, the details of its
recommendations in this respect and noted that these recommendations had also
been submitted to the Supreme Court in the matter of Prakash Singh vs Union of
India, which relates to the question of police reform.
4.44 In the course of the year, the Commission continued to follow the proceedings
before the Supreme Court in respect of that case. It also continued to impress upon
the Central and State Governments that reforms along the lines recommended by the
Commission, the National Police Commission and others, were absolutely essential to
the future well-being of the country.
4.45 The Commission has already referred, in the present report, to the large-scale
violation of the rights to life, liberty, equality and dignity of the people of Gujarat,
starting with the tragedy in Godhra on 27 February 2002 and continuing for some two
months thereafter as violence spread to other parts of the State. In that connection,
the Commission had occasion to reflect, once again, on the necessity of police reform.
As the Proceedings of the Commission in that context are annexed in full to the
present report, (see Annexure 2 and 3), there is no need to repeat them here. Suffice it
to say that the Commission urges both the Central and State Governments yet again,
through this report, to take the situation in Gujarat as a warning and a catalyst, and to
act with determination to implement the various police reforms recommended by the
Commission in those Proceedings and in its earlier reports.
4.46 The Commission has noted, in this connection, that the Memorandum of Action
Taken of April 2002, filed by the Central Government in respect of the Commission's
annual report of 1999-2000 refers to certain measures being taken under the 'Police
Modernising Scheme' to improve the police force in the States. The Commission
welcomes these measures. It would like to point out, however, that these measures will
not suffice; the heart of the matter relates to restoring the independence and integrity
of the police so that it can conduct investigations without political and other
'extraneous influences' being brought to bear on it. It was to meet this major objective
that the recommendations of the Commission, among others, were devised. It is these
recommendations that must be acted upon, if the rot that has set-in is to be cured and
if the rule of law is to prevail.
ANNUAL REPORT 2001-2002
j 37