NEW DELHI: A majority of states were opposed to any attempt at creating a special cadre to investigate crimes independent of the law-enforcement machinery, the central government told the Supreme Court as it began grappling afresh with the issue of ushering in major police reforms. Amicus curiae Harish Salve had suggested this as a way of ensuring quick and effective investigation without any political interference.
However, additional solicitor general Ranjit Kumar was quick to oppose this on the ground that most states were against the move. “Why a cadre? All states are joining issue with this as it has serious implications for service laws,” he argued. “Law and order is a state subject. Whatever we can do by way of enforcement we are doing,” he said, citing the example of a 2014 model police Act drawn up for states to follow.
The Centre had earlier framed another model law in 2006, but has since revised it with fresh inputs from 17 states that had drawn up similar laws and also 49 amendments suggested by a ministry of home affairs review committee. A bench comprising justices TS Thakur, RK Agrawal and AK Goel, however, sought to break the logjam by insisting that a separate specialised team be created for at least “heinous crimes” so that they can be independently and quickly concluded as also stem the frequent demands for CBI probes.
Salve, however, insisted that there be a complete separation of investigation and law and order to prevent any “ubiquitous call to prevent a person from doing what was right” in heinous crimes, and caste and communal offences. A complete separation in terms of cadres would insulate them from any extraneous factors, he insisted.
The ASG, who was appearing for the Bihar government apart from the Centre, however, resisted this. Kumar opposed it saying that some degree of separation already existed between the two wings. The department already faces a huge manpower crunch, he said. Salve countered this saying that the new investigation wing could be in addition to the existing law and order machinery. Kumar objected to this also on the ground that any system that had investigating officers who would not have to report to the station house officer would be against the criminal procedure code. States were not averse to creating a separate investigating team at every level, he said. He had also conveyed the states’ opposition to framing any law in a specific manner. That would be in effect encroaching upon the state’s legislative domain, he said.
TOI | Jan 16, 2015
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