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J&K Govt sought exemption from implementing police reforms

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Ground report | News Desk | ‘Centre yet to order implementation of Police reforms in J&K and Ladakh’

A report prepared by prominent rights body- Commonwealth Human Rights Initiative(CHRI)- has revealed that government of the erstwhile state of Jammu & Kashmir had sought exemption from the Supreme Court for implementing key police reforms like State Security Commission(SSC) and Police Complaint Authority(PCA).

A report prepared by prominent rights body- Commonwealth Human Rights Initiative(CHRI)- has revealed that government of the erstwhile state of Jammu & Kashmir had sought exemption from the Supreme Court for implementing key police reforms like State Security Commission(SSC) and Police Complaint Authority(PCA).

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The report titled “Government compliance with Supreme Court directives on police reforms: an assessment (2020)” states that state government had moved an application before the Supreme Court challenging the implementation of the directives on the SSC and PCA. “On State Security Commissions, the government had asked to be exempted from implementing this directive based on the specific security situation in the State. It had said that establishing a body such as the SSC would destabilize the system of coordination and control between the Army, the Central Para-military Forces and local police, headed by the Chief Minister,” reads, KNO reported.

On establishing Police Complaints Authority, government, according to the report, alleged that creating Police Complaints Authorities would give a forum for insurgency ‘elements’ to lodge false complaints against the police to demoralize the police.

“Further, they claimed there are already sufficient oversights mechanisms in the state, such as the SHRC, Vigilance Commission and departmental superiors,” it states.

“On Police Establishment Board, the state government had first issued an order dated 06.02.2007 and then subsequently on 19.04.2017 superseding the previous order.

As per the 2017 order, the PEB was made up of the DGP and 9 other senior officers. It had the mandate to decide all transfers, postings, promotions and other service related matters of police of and below the rank of DySP. It was silent on its power to recommend for SP and above,” it adds.

The report claims that post reorganization of the erstwhile state of J&K, the Government of India is yet to issue orders on the implementation of the Supreme Court directives relating to police reforms.

In 2010, Union Home Ministry had constituted Union Territories Security Commission for all UTs, comprising representatives of Centre, UTs and independent members.

According to the report, Jammu and Kashmir Police Draft Bill was made public in 2013 but since then no progress has been made in this direction.

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