March 2008 Editorial

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Something to think about - March 2008
Why I filed a PIL in the Mumbai HC against the CM? - By Gaurang Damani

Now that the dust has settled, we can discuss the PIL against the Maharashtra Chief Minister and Deputy CM, in reference to the extension of terms of the Maharashtra Director General of Police (DGP) and Mumbai Commissioner of Police (CP).

Both the DGP and the CP had superannuated on 30^th November 2007, but were given an extension of 3 months by the Maharashtra government and then approved by the Central government. Though the media has widely covered the decision of the Mumbai High Court (HC) verdict of 15^th February 2008, quashing the extension, there are a lot of issues not mentioned, and hence this editorial.

I had filed and fought this PIL along with Shri RR Tripathi (through his counsel Shri YP Singh), as a lot of laws may have been violated, by the law-makers themselves:

As per the Supreme Court (SC) ruling of September 2006, Maharashtra government was supposed to form a State Security Commission and a Police Establishment Board to look after the affairs of the police personnel, like their appointments/ transfers/ working hours/ benefits etc. The basic premise being that the government cannot exercise unwarranted influence or pressure on the state police.
As per Section 16(1) of the All India Services Rules 1958, an extension can be given if the officer is concerned with budget or is a full time member of an official committee
As per the Central government notification of 30^th November 2005, exception to the above rule can be made only in the case of Chief Secretary of the state.
From July 2006 to August 2007, a total of 144 police officers were transferred in violation of Section 4(4) of the Maharashtra government Servant Regulation of Transfer and Prevention of delay in Discharge Duties Act (Maharashtra Transfer Act, 2006), as disclosed later by RTI activist Shri Shailesh Gandhi.
Extension can be granted only when a suitable successor is not available (which has been proved wrong by the recent appointments). This is as per the Central Government’s Department of Personnel’s Office Memo 26011/1/77-B of 1978.
As per the ruling of the SC, senior officers facing enquiries should not be placed in sensitive charge and the journalist involved in the sting operation by Aajtak/ Tehelka, was never summoned by the enquiry committee.
Format of extension of service requires an Integrity Certificate from a competent authority, which was not attached.
The SC ruled in 1998, that there should be a credible mechanism for appointment of senior police officers, which did not appear to have been done.
The reason cited for the extension was a Sikh religious programme to be held in November 2008, whereas the extension was granted only till 29^th February 2008.
The CM wrote to the Deputy CM saying that the DGP was from the minority community and hence must be extended, directly violating the spirit of the Constitution of India.
The SC in 1995, had clearly stated that no officer is indispensable, as reiterated by the CM in reference to resignation of Shri Chandrasekhar from MHADA (Loksatta 1 February 2008).
Last, but perhaps the most important, such extensions effect the morale of the police force, as it reeks of nepotism.

The Honorable HC bench of Chief Justice Shri Swatanter Kumar and Justice JP Deodhar ruled that the extensions were not in public interest and were unreasonable, but that the decision in no reflected on the ‘service record’ of the officers. The best part of the HC judgement is that it can apply for all such arbitrary actions taken anywhere in India.

Today a police officer/ constable works for 16 hours a day and during festivals or emergencies doesn’t go home for days together. Some estimate that more than half of them suffer from stress related ailments.

I would like to end with the expression of hope that the Maharashtra government really needs to care about our police force, and it should immediately implement the State Security Commission and establish the Police Establishment Board. This would go a long way in improve the morale and performance of our police force.

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