Himachal Pradesh High Court
Ravina vs State Of H.P. & Ors on 23 October, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.WP No. 12/2024 Reserved on : 15.10.2024 Decided on: 23.10.2024 Ravina .....Petitioner Versus State of H.P. & ors. ....Respondents Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1 For the Petitioner: Mr. Ram Murti Bisht, Advocate, as legal aid counsel.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. Navlesh Verma, Ms. Sharmila Patial, Addl. A.Gs. and Mr. Raj Negi, Dy.A.G. ____________________________________________________________________ Justice Tarlok Singh Chauhan, Acting Chief Justice On 11.9.2024, this Court passed the following order:-
"This Court on 09.09.2024 had passed a detailed order expressing its serious concerns regarding the working of the Police Stations in Police District, Baddi and this, according to us, was probably because many of the Police Officer(s)/Official(s) posted there have had an exceptionally long tenure at their respective place(s) of 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.2
posting and accordingly the Superintendent of Police, Police District, Baddi, was directed to supply a list of Police Officer(s)/Official(s) posted in Police District, Baddi, to this Court, who had completed more than three years in the Police District, Baddi. We were constrained to pass this order because of the large-scale irregularities being carried out by the Investigating Agency that had come to our notice and we further noticed that the same were on account of influence being exercised from within and outside agencies/people.
2. It is, therefore, high time that this Court insulates the Investigating Agencies from extraneous or internal influence to ensure that these agencies carry out their work strictly as per law. It is this need which has impelled us to consider the necessary steps which would go to provide permanent insulation to the agencies against extraneous and internal influences to enable them to discharge their duties in the manner required for proper implementation of the rule of law. There has to be faith and commitment to the rule of law that alone is the surest guarantee of the survival of the democracy of which rule of law is the bedrock. The basic postulate of the concept of equality: "be you ever so high, "the law is above you" has to govern all the steps taken by us in these proceedings.
3. We have to bear in mind that everyone against whom there is reasonable suspicion of committing a crime has to be treated equally and similarly under the law and probity in public life is of great significance. The constitution and working of the Investigating Agency have always revealed the lacuna of its inability to perform whenever powerful and influential persons are involved. For this reason, a close examination of the constitution of these Investigating Agencies and their control assumes significance. No doubt, the overall control of the agencies and responsibility of their functioning has to be in the executive but then some directions from this Court giving the needed insulation from extraneous and internal influences, even of the controlling executive, is imperative. It is, therefore, imperative that some action is urgently taken to prevent continuation of this situation with a view to ensure proper implementation of the rule of law.
4. The Hon'ble Supreme Court in Prakash Singh and others vs. Union of India and others (2006) 8 SCC 1 directed for the constitution of "State Security Commission" in every State to ensure that the State Government does not exercise unwarranted influence or 3 pressure on the State Police and for laying down the broad policy guidelines so that the State Police could always act according to the laws of the land and the Constitution of the Country.
5. The State Government has enacted the H.P. Police Act, 2007 and under Section 56 of the Act has constituted Police Establishment Committees, which apart from other tasks, have been assigned the task of approval and recommendations of postings and transfers of Non- Gazetted Police Officer(s)/Official(s) and the same reads as under:
"56. Police Establishment Committees.- (1) There shall be a State Police Establishment Committee headed by the Director-General of Police and comprising four senior police officers not below rank of Inspector-General of Police, nominated by the Director General of Police. The State Police Establishment Committee shall be responsible to-
(i) approve all postings and transfers of Non-Gazetted Police Officers between the various wings of the police organization, and deputation outside the organisation and for inter-range transfers in all the wings with the prior approval of the Government in accordance with directions in this regard;
(ii) approve the issue of general policy directions and Standing Orders to the Deputy Inspector-General and District Superintendent of Police on transfers within their jurisdiction;
(iii) hear and dispose off representations against transfer orders issued by authorities subordinate to the Director- General of Police;
(iv) recommend proposals for postings and transfers of Gazetted Police Officers to the State Government subject to provisions of this Act and relevant rules; and
(v) make recommendations to the State Government with regard to representations in service matters from Gazetted Police Officers:
Provided that the Director-General of Police may, with the previous approval of the State Government, constitute an Establishment Committee for any specific unit within the Police Organization for making postings and transfers of Non-Gazetted Police Officers within such unit."
6. A perusal of the list of the Police Officer(s)/Official(s) posted in Police District, Baddi, reveals that some of these Officer(s)/Official(s) have been posted at the given station(s) for the last more than 15 years, whereas, in the ordinary circumstances, they ought to have been 4 transferred after completion of their normal tenure of service which invariably and in normal circumstances has been fixed at three years. It requires no "Solomon's wisdom" or "Rocket Science" to understand how and why these Police Officer(s)/Official(s) have been posted there for such a long time continuously or intermittently.
7. Be that as it may, to continue posting of police Officer(s)/Official(s) for such a long time is neither in public interest nor in the interest of the Police Department. Even otherwise, such Police Officer(s)/Official(s) cannot take any exception to the transfer as transfer of a government employee is not only an incident inherent in the terms of the appointment but also implicit as a essential condition of service in the absence of any specific condition to the contrary in the rules or conditions of service and only when an order of transfer is shown to be an outcome of a malafide exercise of power or violative of any statutory provision or passed by an authority not competent to do so, the Courts may interfere, otherwise the transfer orders should not be interfered with as a matter of course. (Refer:
State of U.P. and others vs. Gobardhan Lal AIR 2004 SC 2165, Government of Andhra Pradesh vs. G.Venkata Ratnam (2008) 9 SCC 345, Somesh Tiwari vs.Union of India and others (2009) 2 SCC 592, Airports Authority of India vs. Rajeev Ratan Pandey and others(2009) 8 SCC
337).
8. It is otherwise too late in the day for any government servant to contend that once he is appointed/posted at a particular place or position, he should continue in such place or position as long as he desires.
9. Therefore, we direct the Director General of Police, Himachal Pradesh, to convene a meeting of Police Establishment Committee and thereafter consider and recommend the proposal for the transfer and posting of Non-Gazetted Police Officer(s)/Official(s) of the Police District, Baddi, to the State Government after bearing in mind the directions issued by the Hon'ble Supreme Court in Prakash Singh's case (supra).
10. We may clarify that it is not in all the cases that the Police Officer(s)/Official(s), who have completed their tenure of service at the given station(s) continuously or intermittently are required to be transferred, however, each case shall be considered on its own merits and it is only thereafter appropriate orders of transfer/retention shall be passed. We make however it clear that such 5 exercise shall be carried out in a clear and transparent manner and totally uninfluenced by any authority or person, however high, it may be. Any complaint in this regard would only invite contempt. The entire exercise be completed within three weeks and report in this regard be placed before this Court on the next date of hearing.
List on 03.10.2024."
2 In compliance to the aforesaid order, Inquiry Officer, Mr. Santosh Kumar Patiyal, I.G.P. Intelligence, State CID, H.P., Shimla, has submitted his report. We place on record appreciation for the painstaking efforts made by the Inquiry Officer in conducting the inquiry and thereafter filing this report.
3 It would be evident from the inquiry report that majority of the officer(s)/official(s) have been found to be wanton and rather complacent in this matter. Let appropriate action be taken against these officer(s)/official(s) irrespective of whether they are serving or retired in accordance with law and compliance thereof be reported on 10.01.2025. 4 As observed above, many of the police official(s)/officer(s) have been found to be complacent or wanton in ensuring that the accused are not brought to justice. 5 Late Mr. Justice V.R.Krishna lyer in 'Random Reflections' had said:-
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"Policing, like justicing, has therefore to be at the service of the people commanding the credibility of the community at large without fear or favour, affection or ill-will. Independence and accountability with commitment to the Rule of law, are as much the non-negotiable qualities of the invigilating, investigating police force of the 'robed brethern' on the bench. If the investigative process fails, if the police presence to guard Law and Order is not functionally successful, the adjudicatory apparatus collapses and our adversarial system of justice becomes dysfunctional. The safety of society, sans police integrity, accountability, transparency and efficiency, suffers illusion and unreality."
6 What is disconcerting today is the steady deterioration of standards of police, the increasing lawlessness amongst the policemen themselves and the attitude of complacency and complicity amongst the leadership in police organization. With the prevailing attitude and approach in the police force, there is not much hope that the people will get better services from the police in the immediate future. Since the purity and efficiency of the criminal justice system is largely dependent on police who feed the system, the future seems bleak for criminal justice in general.
7 Certain causes for popular dissatisfaction with the police, as enumerated by N.R.Madhava Menon, former Vice Chancellor, National University of Judicial Sciences and former Director, National Judicial Academy, Bhopal can be narrated as under:-
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1. Police are the principal violators of the law and they get away with impunity.
2. Some sections of the police are in league with anti social elements. Consequently they indulge in selective enforcement of the law.
3. Police exhibit rude behaviour, abusive language and contempt towards courts and human rights; they indulge in all forms of corruption.
4. Depending on the socio-cultural status, economic power and political influence of people who approach them, police adopt different attitudes violating equality and human dignity.
5. Police are either ignorant of the precepts of human rights or they deliberately disregard them in the matters or arrest, interrogation, searching, detention and preventive policing..
6. Given the dismal record of prevention and successful investigation of crime, the police lack accountability in protection of life and property.
7. While crimes are getting sophisticated, the police are becoming less professional. There is no evidence of a collective desire within the police organization to redeem its public image.
8. The police are insensitive towards victims of violent crimes. They sometimes behave rudely with victims, as if they are responsible for their fate.
9. At least a section of policemen think of human rights as antithetical to effective law enforcement. They blame the law, lawyer and courts for their own inefficiency.
10. Of late, some policemen have publicly shown leniency towards fundamentalists and terrorists.8
8 It is not the intention of the Court to prosper evidence or argument to prove or disprove any of above perception. However, no honest person within or outside the police could totally deny the aforementioned causes. Of course, they can give alibi and explanation that may or may not be acceptable to the public. Well thinking person should acknowledge the existence of such perception in a wide spectrum of the citizenry and must work out strategies to remove them progressively in the interest of public services and professionalism. Those who do not want the situation to change will continue to provide excuses and explanation accusing others in society or in the criminal justice system for the malady. The tragedy is that unlike other departments of the government, if police tends to become lawless, the very foundation of democracy is in jeopardy, development subverted and the country's integrity compromised. Hence, there is urgency to reform the police and their style of functioning. 9 A lot can be achieved by exchanging public perception and improving strength of police, if the leadership within the police organization is fully committed to reform. After all, every profession has the primary responsibility to discipline 9 its members and maintain a code of ethical behavior by internal mechanisms and by peer group. The police are intrinsically disciplined and superior command and have lot of power and control over their subordinates. If this situation is to be put to good use, the superior should be above board and transparent in their dealing.
10 It is essential that reform in the organization starts from above and clear signal of good behavior are sent down to all the rank. Organizational behavior is largely the outcome of training and continuing education. Police training is archaic in content and method. The emphasis is still more on muscle than on the mind. Human rights, if at all, form an insignificant module in the training programme and there is hardly any emphasis on human right in the training of Constables, who form 85 percent of the posts.
11 A subculture, inimical to democratic policing, pervades the organization and is perpetrated due to indifference or connivance of senior. Respect for human right is not rewarded. If the leadership itself is doubtful about the imperatives of human right in policing, and if they disregard its importance in the training of subordinate officer, it is pointless 10 to expect change in the behavior of ordinary Sub-Inspector and Constable.
12 Another reform that can be brought about by the police themselves is with respect to the adoption of fair, quick and responsible methods of redress for complaint against the police. The system has to be institutionalized and integrated with police role and responsibility.
13 According to an old adage, every society gets the police it deserves. After all policemen come from the same society and reflect the attitude and behavior that is found in society. How respectful is the average citizen with regard to human right of fellow citizens?
14 The void resulting from the lack of a clear cut grade for police conduct was filled in 1960 when a Code of Conduct for the police was adopted on the recommendations of the Conference of I.G.Ps through the I.B (MHA). Said code has been adopted to raise the ethical standards in police services and raises its professional standing. The Code with its explanation is the corner stone for Police Officer in India. Certain silent feature of the same read as under:
1. The police must bear faithful allegiance to the Constitution of India and respect and uphold the rights 11 of the citizens as guaranteed by it. The first part does not require explanation and the police, like all other government servants, must be faithful to the Constitution of India. The second part is important in the sense that police must realize that when they prevent crime and disorder they do it in order to uphold the fundamental rights of the community in general.
That is the foremost objective and if by any action they deprive a person of his legitimate rights they have failed in their work. Therefore, they must not only respect the rights but they must also uphold them.
2. The police are essentially a law enforcing agency. They should not question the propriety or necessity of any duly enacted law. Thy should enforce the law firmly and impartially, without fear or favour, malice or vindictiveness.
3. The police should recognize and respect the limitations of their powers and functions. They should not usurp or even seem to usurp the functions of the judiciary and sit in judgment on cases. Nor should they avenge individuals and punish guilty.
4. In securing the observations of law or in maintaining order, the police should use the methods of persuasion, advice and warning. Should these fail, and application of force becomes inevitable, only the absolute minimum in the circumstances should be used.
5. The primary duty of the police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them. 12 The first needs no reiteration. The efficiency of the police does not lie in the ostentatiousness with which any work is done, or the show of police power. but in being able to strike at the root and prevent the occasions which necessitate the use of police power. It is erroneously held that good detection alone constitute good work. But far better than detection is prevention.
6. The police must recognize that they are members of the public, with the only difference that in the interest of the community and on its behalf they are employed to give full time attention to duties which are normally incumbent on every citizen to perform.
7. The police should realize that the efficient performance of their duties will be dependent on the extent of ready co-operation they receive from the public. This in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence. The extent to which they succeed in obtaining public co- operation will diminish proportionately the necessity of the use of physical force or compulsion in the discharge of their functions.
8. The police should be sympathetic and considerate to all people and should be constantly mindful of their welfare. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth or social standing. Apart from doing their duty as law enforcement officers the police must be helpful to the public on all occasions and consider this to be as much their duty as it to enforce a particular law. This assistance should be given 13 to all without making any discrimination between poor and rich.
9. The police shall always place duty before self, should remain calm and good humoured whatever be the danger or provocation and should be ready to sacrifice their lives in protecting those of others.
10. The police should always be courteous and well- mannered; they should be dependable and unattached; they should possess dignity and courage; and should cultivate character and the trust of people. These are qualities which people want to see in the police. Each of them is necessary and without them the police can never make any good impression on the people.
11. Integrity of the highest order is the fundamental basis of the prestige of the police. Recognizing this, the police must keep their private lives scrupulously clean, develop self- restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizens. Honest is the highest qualification and must be practiced in all circumstances and in any eventuality every other quality flow from this. People will co-operate readily, if they know the police to be honest
12. The police should recognize that they can enhance their utility to the administration and the country only by maintaining a high standard of discipline, unstinted obedience to the superiors and loyalty to the force and by keeping themselves in a state of constant training and preparedness.
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Discipline, obedience, loyalty these are essential in any large force entrusted with the duty of enforcing law and order. Efficient performance of this duty also requires the police to improve their knowledge and training and to remain mentally and physically alert and prepared at all times.
The duty of the police not to be swayed by extraneous considerations in the discharge of their onerous and responsible duties. In particular, the provisions of the Police Manual dealing with the principles of police conduct had been referred to therein. A duty to enforce the law firmly and impartially. without fear or favour, malice or vindictiveness is cast on them under the aforesaid provisions. Paragraph 87(c) of the Police Manual emphasises that "the police should not usurp or even seem to usurp the functions of the Judiciary and sit in judgment' on cases."
15 It is not that there is no code of conduct for the police after 1960, rather code of conduct for the police in India has been enacted by Union of India and communicated to all the Chief Secretaries of all States/ Union Territories and Heads of C.P.Os., vide letters No. VI-24021/97/84-C.Ρ.Α.- 1, dated 4- 7-1985 and 10-7-1985, which read as under:
"Code of Conduct for the Police in India (1) The Police must bear faithful allegiance to the Constitution of India and respect and uphold the rights of the citizens as guaranteed by it.
(2) The Police should not question the propriety or necessity of any law duly enacted. They should enforce 15 the law firmly and impartially, without fear or favour, malice or vindictiveness.
(3) The Police should recognize and respect the limitations of their powers and functions. They should not usurp or even seem, to usurp the functions of the judiciary and sit in judgment on cases to avenge individuals and punish the guilty.
(4) In securing the observance of law or in maintaining order, the Police should as far as practicable, use the methods of persuasion, advice and warning. When the application of force becomes inevitable, only the irreducible minimum of force required in the circumstances should be used.
(5) The prime duty of the Police is to prevent crime and disorder and the Police must recognize that the test of their efficiency is the absence of both and not the visible evidence of Police action in dealing with them. (6) The Police must recognize that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full time attention to duties which are normally incumbent on every citizen to perform.
(7) The Police should realize that the efficient performance of their duties will be dependent on the extent of ready co-
operation that they receive from the public. This, in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence.
(8) The Police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth or social standing.
(9) The Police should always place duty before self, should remain clam in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others.
(10) The Police should always be courteous and well- mannered; they should be dependable and impartial; they should possess dignity and courage; and should cultivate character and the trust of the people.
(11) Integrity of the highest order is the fundamental basis of the prestige of the Police. Recognizing this, the Police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and 16 deed, in both personal and official life, so that the public may regard them as exemplary citizen.
(12) The Police should recognize that their full utility to the State is the best ensured only by maintaining a high standard of discipline, faithful performance of duties in accordance with law and implicit obedience to the lawful directions of commanding ranks and absolute loyalty to the force and by keeping themselves in a state of constant training and preparedness.
(13) As members of a secular, democratic State, the Police should strive continually to rise above personal prejudices and promote harmony and the spirit of common brotherhood amongst all the people in India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women and disadvantage segments of the society" 16 The law commission of India in its report No. 239 submitted to the Hon'ble Supreme Court in W.P.(C) No. 341/2004, titled as Virender Kumar Ohri vs. Union of India & ors., had enumerated causes for delay, which read as under:-
Causes For Delay - An Overview 2.1 The causes for delay in investigation and slip-shod investigation need to be taken stock of first in order to appreciate the problem in the proper perspective and to devise ways and means of checking the malady. Though the judiciary is not responsible for many delays that occur, in the public perception, it is the judiciary that is mainly responsible. Judiciary is mostly blamed without appreciating the real reasons. The judiciary, on its part, remains silent and refrains from conveying to the public that certain delays are beyond its control. This being the ground reality, what the judiciary is expected to do, is to introspect on the delays attributable to it and to vigorously undertake such measures, as are essential, to put its house in order. It is in this background that some essential remedial measures to be adopted by the judiciary are highlighted and they have direct or indirect bearing on the prosecution and trial of influential public men.17
2.2 The causes for delay before the case reaches the Court for trial
1. Apathy and inaction on the part of the police in registering the FIRs and taking up the investigation in right earnest for various reasons. (This is so inspite of Police Manuals emphasizing the need for speedy and prompt investigation.) 11 Snapshots 2009, Prison Statistics India 2009, National Crime Records Bureau, Ministry of Home Affairs, Government of India.
2. Police are either hesitant to proceed with the investigation against important/influential persons or they are under pressure not to act swiftly especially if the person accused is in power or an active member of the ruling party. They adopt a pusillanimous attitude when the accused are such persons.
3. Corruption at Police Station level is affecting the timely and qualitative investigation. Further, the Police Stations are understaffed and the police personnel lack motivation to act without fear or favour.
4. When the FIR is not registered within a reasonable time or the pace of investigation is tardy, there is no internal mechanism to check this effectively. Even in States where Addl. SPs are posted in every District to be mainly in charge of crimes (as distinct from general law and order duties) the situation has not improved, except marginally.
5. There is no periodical exercise to upgrade the skills of investigation.
There is no intelligence network worth the name to get the inputs of crime and corruption and to take up preventive measures.
6. Sufficient priority is not given for investigation of crimes. The diversion of personnel from the Police Stations for various relatively unimportant duties such as 'Bandobust' is a common phenomenon. In most of the States, the existing police force attached to police stations is utterly inadequate and even the sanctioned strength always remains in deficit.
7. Sanctions for prosecution are unduly delayed by the Governments.
These reasons are not peculiar to cases of public men-they are all problems surrounding the Criminal Justice system as a whole.
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1817 It was more than two and half decades back, on 3.8.1997 that a letter was sent by the Union Home Minister to the State Governments revealing a distressing situation and expressing the view that if the rule of law has to prevail, it must be cured.
18 In the above letter, the Home Minister while echoing the overall popular perception that there has been a general fall in the performance of the police as also a deterioration in the policing system as a whole in the country, expressed that time had come to rise above limited perceptions to bring about some drastic changes in the shape of reforms and restructuring of the police before the country is overtaken by unhealthy developments. It was expressed that the popular perception all over the country appears to be that many of the deficiencies in the functioning of the police had arisen largely due to an overdose of unhealthy and petty political interference at various levels starting from transfer and posting of policemen of different ranks, misuse of police for partisan purposes and political patronage quite often extended to corrupt police personnel.
19 The Union Home Minister further expressed the view that rising above narrow and partisan considerations, it is of 19 great national importance to insulate the police from the growing tendency of partisan or political interference in the discharge of its lawful functions of prevention and control of crime including investigation of cases and maintenance of public order.
20 Despite strong expression of opinions by various Commissions, Committees and even Home Minister of the country, the position has not improved as these opinions have remained only on paper, without any action. 21 This court can take judicial notice of the fact that despite Police Establishment Committee under Section 56 of the H.P. Police Act, 2007, transfers are still being effected on the basis of recommendations of the politicians. 22 It goes without saying that interference with the police system by extraneous sources, especially the politic encourages, the police personnel to believe that career advancement does not at all depend on the merits of their professional performance, but can be secured by currying favour with politicians, who count politicking and hobnobbing with functionaries outside the police system appear very worthwhile in the estimate of an average police officer. Deliberate and sustained cultivation of a few individuals on the 20 political plane takes up all the time of a number of police personnel to the detriment of the performance of their normal professional jobs to the satisfaction of the general public at large.
23 This process sets the system on the downward slope to decay and total ineffectiveness and the increasing scope for mala fide interaction between the politician and the police has encouraged unscrupulous policemen at different levels to forge a working relationship with the politician for gaining undue career advantage, besides pecuniary advantage resulting from collusive corruption. The phenomenon of political interference has thus grown to enormous proportion, assiduously fed by vested interests among the police as well as the politicians. 24 The Court is conscious that any remedial measures, which the Court might think of in this context will have to contend with resistance from such vested interests on both sides.
25 Such kind of nexus only carves out a poor image on the system itself and manifests itself in the misuse and abuse of the power resulting in disregard of rule of law. Politicising services would be unproductive and detrimental against the interest of the country and the State.
2126 It would be appropriate to observe here that in a democratic set up like ours, bureaucrats are expected to act and discharge their executive functions impartially and strictly in accordance with the rules and regulations. Therefore, unless such unholy nexus between the district administrative officials and the politicians at different levels is curbed, it is difficult to uphold the rule of law.
27 One of the Commissions set for police reform had in fact observed as under:-
"Pressure on the police takes a variety of forms, ranging from a promise of career advancement and preferential treatment in service matters if the demand is yielded to, and a threat of drastic penal action and disfavored treatment in service matters if the pressure is resisted."
28 It was further observed that apart from deterioration in the quality of police performance viewed from the public point of view, the exercise of such pressure on the police system from political and other extraneous sources immediately damages the control system and weakens the normal chain of command that has to operate efficiently if the discipline and health of the system are to be maintained. Interference at the operational level in police stations, police circles, etc. results in the total by- passing of the supervisory officers in the hierarchy. Subordinate 22 officers see it in every day of their official life that their superior officers count little in the ultimate disposal of a matter which lies in the normal course within their official cognizance only. Decisions taken at a far higher level-political levels to government are implemented without question at the operational level. The frequent by-passing of the normal chain of command results in the atrophy of the supervisory structure. It, therefore, fails to operate effectively even in matters which do not attract any such extraneous interference. 29 It would be noticed from the facts of the present case that majority of the police official(s)/officer(s) have failed to bear faithful allegiance to the constitution of India by not respecting and upholding the rights of the citizens as guaranteed by it. They have not ensured that the law should be enforced firmly and impartially that too without fear or favour, malice or vindictiveness. Rather, law has been violated blatantly with impunity.
30 Some of the police official(s)/officer(s) have failed to maintain integrity of highest order, which is fundamental basis of the prestige of the police. All this is probably because police officials (NGO Grade-II) hold a district cadre post and thus would definitely be enjoying political patronage and protection. 23 Probably, it was on this count that an application being Cr.MP No. 4097/2024 was filed on behalf of the D.G.P. seeking indulgence of this Court on the following issues:-
"a. Transfer from Baddi District may affect on other Police Districts where as NGO Grade-II, is a District Cadre.
b.The applicant humbly prays to clarify order dated 11.09.2024, so that uniform action may be taken in all Police Districts with directions of the Hon'ble Court.
c.The applicant humbly prays to clarify that the order dated 11.09.2024, about considering transfer and posting of the Gazetted Officers who have completed their tenure of service continuously or intermittently in the District."
31 The issues were answered by this Court vide its order dated 1.10.2024 in the following manner:-
The Police District has been defined under Section 2(u) of the Himachal Pradesh Police Act, 2007 (for short the 'Act') and means such an area has to be declared a police district by the State Government by notification under Section 9 of the Act. Ordinarily, the Police Districts are also the Revenue Districts and in majority of the Police Acts in India, in one police district area, not more than one revenue district is included and it is for this precise reason that each of the district in Himachal Pradesh has a Police District.24
It is further not in dispute that it was only on account of high crime rate, at a particular region, and where it was found that the police district was not in a position to tackle the crime effectively and properly that the State, in its wisdom, chose to declare further police districts in the State like police district Baddi which otherwise falls in the revenue district Solan and Police Districts Nurpur and Dehra which otherwise fall in the revenue districts Kangra.
It was never the intention of the Legislature that NGO Grade-II posted in these Police Districts Baddi, Nurpur and Dehra could not be transferred and would remain in these police districts which are spread over an area comprising barely of 5-10 kms. in circumference. Such a preposterous interpretation will only violate the statutory mandate. Therefore, we clarify that even the State may have taken a decision to declare police Districts Baddi, Nurpur and Dehra to be independent Police Districts for law and order purpose, but for the purpose of posting and transfers they would, for all intents and purposes, be treated to be belonging to the revenue police districts i.e. revenue District Solan or revenue District Kangra, as the case may be.
In coming to such a conclusion, we find support from the fact that there are hardly six police stations falling within the jurisdiction of Police District Baddi, we can conveniently conclude that it was never intended that the NGO Grade-II serving in these six police stations would be rotated only in these police stations and would not be posted in the Police District, Solan, which fall in the revenue district Solan, for all intents and purposes.25
With this clarification, the application is disposed of and in view of the aforesaid observations, the NGOs Grade-II will now be transferred by the PEC as constituted under Section 56 of the Police Act.
32 It is, therefore, high time that the State to mulls a proposal for making the police department, irrespective of its officer(s)/official(s) rank and profile, to be a state cadre and till and so long the decision is not taken, we permit the police department to transfer NGOs grade-II, who are brought on the district rolls, to be posted to the vigilance, CID, TTR, Ranger office, CTS, police headquarters etc. anywhere in the State. 33 In addition thereto, NGOs Grade-II can also be posted in battalions after completion of basic training, however that battalion essentially need not be in their home district(s). 34 Apart from above, the police department shall also be at liberty to transfer every constable to specialized constabulary for cyber crime, vigilance, intelligence narcotic, SDRF etc., as there is a dire need for modern policing. 35 This necessity of issuing aforesaid directions otherwise arises given the fact that the post of NGOs grade-II was made a district cadre under the archaic Punjab Police Rules enacted in the year 1934 which was originally applied to the 26 combined Punjab which includes current H.P., Punjab and Haryana and such provisions were simply incorporated in the H.P. Police Act despite the fact that as against meager perks and salaries to the NGOs at the time of enactment of Punjab Police Rules, 1934, the same have drastically improved and, therefore, like many of the counter parts with the same or even lesser salary and perks in other government sector, who hold state cadre post, the police also needs to be made state cadre post or else faith in the police system would be completely eroded for we have invariably found that many of the police official(s)/officer(s) have been posted for years together at one station and we are not at all ready to accept the plea that services of all such persons are absolutely "indispensable". 36 We may also add that in recent times we come across a number of cases where many of the police official(s)/officer(s) have been found indulging in serious and heinous offences like carrying and transporting narcotic drugs and psychotropic substance or illicit drugs falling within purview of the Drugs and Cosmetics Act and even blatantly violating law.
37 One such incident took place in this very police station of Nalagarh where 7 of its officials/officer have been 27 found to be guilty of custodial torture and their services were placed under suspension and what is still worse is that these officials did not choose to surrender even after their bail petitions were dismissed by this Court.
38 We have added this addendum to this order only with a hope that the State would consider this order in its right perspective and thereafter take appropriate decision. 39 The case now to come up on 30.11.2024, when the respondents shall place on record affidavit of D.G.P. in terms of order dated 1.10.2024 and shall also file compliance report with regard to the observations made in paras 32 to 34 supra.
(Tarlok Singh Chauhan) Acting Chief Justice (Sushil Kukreja) 23.10.2024 Judge (pankaj)