Maharashtra govt seeks home minister's meet to oppose cop reforms

India on 02 September 2013
Location : Mumbai, India | Source : Times of India. Image Source: Flickr User Bopuc

A fortnight after the DF government submitted an affidavit to the apex court, saying it was not in favour of implementing the guidelines on police reforms, it has now urged Union home minister SushilkumarShinde to convene a meeting of state home ministers to draft a strategy against the Supreme Court observations.

"A large number of states are against implementing the apex court order on police reforms. But there is no joint effort. Shinde should convene a special meeting to ascertain the views of all state home ministers. If there is unanimity, the Centre could bring it to the apex court's notice," a senior NCP minister told TOI on Thursday.

In its affidavit submitted to the SC on August 16, the state government described the directions as "unconstitutional" and said they were an encroachment on the executive function, which could be exercised only by the governor on the advice of the council of ministers.

"All directions contained in Prakash Singh's case relate to the executive powers and functions of the state government and they can be exercised by the governor on the aid and advice of the council of ministers. This is a basic constitutional scheme and therefore, recommendations of any authority can never be binding on the state government...if such recommendations are made binding on the state government, the same would be inconsistent with and contrary to the procedure laid down by the Constitution," the affidavit stated.

While a large number of states were reluctant to implement the apex court recommendations, Maharashtra was the first state to challenge the order and now Andhra Pradesh and Uttar Pradesh are also expected to oppose the reforms. "We have taken the view that these are the recommendations of the apex court, which could never be made binding," a senior bureaucrat said.

Significantly, while the state government has objected to the recommendations in the affidavit, it has already implemented the guidelines by issuing specific orders on July 16. As per the apex court recommendations, it has set up a state security commission, police establishment board and complaints authority. The only dispute was over granting tenure to the police chief and field officers. It has taken objection to the two-year tenure for the DGP, while on field officers' tenure, it has taken the state stand that a law on transfers is already in existence, which provides for a three-year tenure.

Meanwhile, a high-level cabinet subcommittee headed by home minister R R Patil met on Wednesday to take stock of the situation. in the wake of the apex court order. "

We have submitted our contention in the specific affidavit.

We feel that the apex court can't take away the executive powers and functions of the state government," the NCP minister said.

Secondly, the cabinet member said, under the Maharashtra Police Act, 1951, there is provision of tenure, while under the law on transfers, there is a provision of three year tenure and the apex court has recommended a two-year tenure. "In our opinion, the police force should be exempted from the concept of tenure," he said.

Post Comment
0 comment(s)
No Comment added yet.

join the network

Sign Up to our Newsletter

To subscribe to our quarterly newsletter simply add your email.