LexPRAKASH SINGH AND ORS. versus UNION OF INDIA AND ORS.
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PRAKASH SINGH AND ORS. v. UNION OF INDIA AND ORS. SEPTEMBER 22, 2006 [Y.K. SABHARWAL, CJ., C.K.THAKKERAND P.K. BALASUBRAMANYAN, JJ.] Constitution of India 1950: A B Article 32 read with Article 142-Awaiting framing of appropriate C legislations wholly insulating the Police from any pressure, guidelines and directions issued by the Supreme Court-Held, Supreme Court has power to issue such directions, as may be necessa1y for doing complete justice in any cause or matter~lndian Police Act, 1861. Article 144-0rder, guidelines or directions isiued by the Supreme Court-Observance of-Held, all authorities are mandated to act in aid of orders passed by the Supreme Court. D Considering the far reaching changes that had taken place in the country after the enactment of the Indian Police Act, 1861 and absence of E any comprehensive review at the national level of the police system alter independence despite radical changes in the political, social and economic situation in the country, the Government of India, appointed a National Police Commission for fresh examination of the role and performance of the police both as a law enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution which examined all the issues in F depth and submitted various reports containing plethora of recommendations. A draft new Police Act incorporating the recommendations was annexed as an Appendix to the last report as well. When the recommendations of National Police Commission were not implemented, for whatever reasons or compulsions, and they met the same fate as the recommendations of many G other Commissions of this petition under Article 32 of the Constitution of India was filed about 10 years back, inter alia, praying for issue of directions to Government of India to frame a new Police Act on the lines of the model Act drafted by the Commission in order to ensure that the police is made 473 H 474 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R. A accountable essentially and primarily to the law of the land and the people. It was contended by the petitioners that, the present distortions and aberrations in the functioning of the police have their roots in the Police Act of 1861, structure and organization of police having basically remained unchanged all these years. Since the misuse and abuse of police has reduced B it to the status of a mere tool in the hands of unscrupulous masters and in the process, it has caused serious violation of the rights of the people, it is contended that there is immediate need to re-define the scope and functions of police, and provide for its accountability to the law of the land, and implement the core fecommendations of the National Police Commission. The C commitment, devotion and accountability of the police have to be only to the Rule of Law. The supervision and control has to be such that it ensures that the police serves the people without any regard, whatsoever, to the status and position of any person while investigating a crime or taking preventive measures. Its approach has to be service oriented; its role has to be defined so that in appropriate cases, where on account of acts of omission and D commission of police, the Rule of Law becomes a casualty, the guilty Police Officers are brought to book and appropriate action taken without any delay. The petitioners also sought that Union of India be directed to re-define the role and functions of the police and frame a new Police Act on the lines of the model Act drafted by the National Police Commission in order to ensure E that the police is made accountable essentially and primarily to the law ofthr land and the people. Directions against the Union of India and State Governments were also sought to constitute various Commissions and Boards laying down the policies and ensuring that police perform their duties and functions free from any pressure and also for separation of investigation work F from that of law and order. The Commission did commendable work and after in depth study, made very useful recommendations. After waiting for nearly 15 years, this petition was filed. More than ten years have elapsed since this petition was filed. Even during this period, on more or less similar lines, recommendations for police reforms have been made by other high powered committees as above noticed. The Sorabjee Committee has also prepared a G draft r
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