Almost a year after the Supreme Court expressed hope that all state governments will bring in a new Police Act “insulating the police from any pressure whatsoever” in order to protect citizens’ rights, ensure equality for all and for an efficient and better criminal justice delivery system, the Karnataka Government has taken steps to amend the Police Act of 1963 on the basis of guidelines set by it on September 22, 2006.

A close look at the draft of the Karnataka Police (Amendment) Bill, 2007 reveals that the state has diluted several of the SC guidelines. The Bill also sees changes from the recommendations made by a committee of senior police officers appointed by the DGP. “The draft police Bill seems to pay lip service to the SC order in the Prakash Singh case, but lacks in spirit,” a senior police officer on the committee said.

The new draft Bill continues to vest absolute power in the state government in issues of appointment of a DGP and his tenure. The SC had said the DGP of a state “shall be selected by the state government from amongst the three seniormost officers of the department who have been empanelled for promotion to the rank by the UPSC,” and once selected the DGP should have a tenure of “at least two years irrespective of superannuation”.

The Karnataka Police Bill amendment says the DGP will be selected from the three most senior officers “eligible to be promoted and empanelled by the government for the rank,” and who will function “subject to the control of the government”. The draft Bill says the DGP will have a two-year tenure but subject to superannuation. A few reasons behind the dilution of the SC guidelines is evident in an affidavit filed by the Karnataka government following the SC order in the Prakash Singh case.

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