Iftikhar Gilani
A new law proposed to replace the archaic police act in Jammu and Kashmir has raged a controversy.
Not only the civil society activists and the champions of police reforms have taken an exception to its various provisions, the state bureaucracy is also up in arms, as the new law takes away crucial law and order control from district magistrates.
A senior state official said the new law has put the police ahead of everything, fearing it shall increase perception of J&K being a “police state”.
Not only the proposed legislation has some comical provisions like making plying of non-motorised vehicle after dusk or washing of a car, cleaning furniture, in a public place or buying any ornament, watch, pen, cycle utensil from any person under the age of 14 years an offence, it has made mandatory for every adult member of public to cooperate and render assistance to a police official.
Failing to do so, he/she can be arrested under stringent provisions. It also makes statutory obligation to provide facilities and amenities in the police station and comforts to police personnel. The section 54 (4) also says no officer above a DGP shall be appointed by the state government.
Breaking any queue, defecating or urinating in a public place, carrying any article in a vehicle which projects more than five feet shall be punishable for a term of six months or with fine.
Despite claims of decline in militancy and infiltration, the new police law has borrowed provisions from temporary laws like disturbed˝ area act, armed forces special powers act in an attempt to make them part of a permanent statute.
While giving protection to a police officer “acting in good faith” from legal proceedings, it says police officer shall always be on duty. Critics say, it shall make the prosecution of erring official almost impossible.
They also say, while no distinction has been made between core and non-core functions of the police, the law empowers police officer to give directions in respect of the conduct of persons and also allows him to enter in any public place including private establishment where members of the public are present.
“This provision has taken away all powers form district magistrate, who used to give character certificates to the people after obtaining a report from a district police officer,” confided a state bureaucrat.
But what has sparked more concern is the revival of village defence committees (VDCs) and special police officers and rewards for informers.It adds that the “members of such Village Defence Committees may also be issued suitable arms and ammunition of prescribed specifications.
“More than 25,000 people are currently working as volunteers with VDCs mostly in Doda, Reasi and Rajouri districts of Jammu region. The move is also contrary to the Supreme Court judgement on Salwa Jadum, stating the states cannot arm civilians and them allow to kill.
Providing sweeping powers to the police at every level and vesting of absolute authority in the proposed state security commission, the Bill has provision of a toothless police complaint authority (PCA).As against Chief Minister and serving members of the government making the State Security Commission, the PCA is to be headed by a retired Judge of the high court and retired officers shall be its members.
Dare you not
Sections 136 and 137 of the proposed law suggest penalty for violating public order and imprisonment for one month with fine or six months without fine for repeated offenders. Acts prohibited are
a) Cleaning furniture, article or vehicle or grooms any animal in a public place.
b) Driving, dragging or punishing any non-motorised vehicle at any time between half an hour after sun set and one hour before sunrise
c) Defecating or urinating in a public place
d) Not taking due care of pets
e) Buying ornament, watch, pen,cycle, utensil or any valuable article from any person under the age of 14
f) Breaking queue in any public place formed for the purpose of orderly delivery whether public or private
(DNA)
