This Tuesday, the Punjab State Meeting the place the Aam Aadmi Get together is within the majority, handed an modification to the Punjab Police Act (2007). They amended part 6 of the act, meaning to result in an impartial mechanism for the choice and appointment to the put up of the Director Common of Police (head of the Police Power). It should be marked, beneath the seventh schedule, legislation and order come beneath the state listing. What’s the competition then? Within the case of Prakash Singh V/S Union of India, the Supreme Court docket laid down sure police reforms considered one of them ceasing the state’s autonomy to nominate its chief of police. Therefore the battle, if the central authorities ought to have a say in states’ appointment of DGP.
About Punjab, the state authorities led by the aam admi celebration which is in its second yr has had a number of short-lived DGPs. The primary DGP- Dinkar Gupta was inherited from the congress authorities and later went on go away. Subsequent, Iqbal Preet Singh lasted two months was later eliminated by AAP. Subsequent, got here S Chattopadhyay he nevertheless was additionally eliminated after a ‘safety lapse’ involving PM Modi. Then, got here in an empanelled (somebody who has been appointed by the panel- Union Public Service Fee) DGP- Mr V Ok Bhavra. Underneath his watch, a police station was attacked in Punjab with a rocket-propelled grenade and the assassination of Siddhu Moosewala. For these two occasions, he was fired by the state authorities. Since then, they haven’t bothered to undergo the UPSC process to nominate one other DGP as an alternative they’ve appointed an officer of their very own choice- Gaurav Yadav. To nominate this new DGP contravening the supreme courtroom mandate process, they’ve handed the brand new modification. The invoice if enacted, will change the process laid by the supreme courtroom in Prakash Singh and others V/S Union of India, whereby the courtroom held that the DGP can be chosen by the state from three officers shortlisted by the UPSC among the many listing of eligible officers despatched by the state.
The modification says the state authorities will arrange a seven-member panel that shall help the state in choosing the DGP. The chairperson will likely be a retired chief justice of the native Excessive Court docket or a senior choose of the Excessive Court docket. This specific modification additionally states not one of the earlier courtroom judgements of any diploma could have no which means. This runs instantly within the face of the supreme courtroom’s 2006, 2018, and 2019 judgements whereby non-BJP states’ ask for the freedom of appointing a DGP of their very own selection was rejected. The Supreme Court docket additional added if any state has handed such a legislation making themselves eligible to nominate their very own DGP the legislation won’t be accepted.
The modification remains to be a invoice implying it’s but to show into an act. It nonetheless required the governor’s permission. As seen beforehand, in non-bjp states governors are by no means in a rush to log out payments handed by that state’s meeting. However, Punjab is the most recent non-BJP state to defy the centre and three supreme courtroom judgements.