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
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