The directions have to be complied on or before December 31, 2006, the judgment said, and sought compliance reports from the Cabinet Secretary, Government of India and Chief Secretaries of states or union territories by January 3, 2007.
The State Security Commission “shall” be headed by the CM or Home Minister and have the DGP of the state as ex-officio Secretary. However, the independence of the Commission will be ensured through the other members including the leader of the opposition or the Lok Ayukta as the case may be, a retired or sitting judge and some non-political citizens.
The SSC would lay down the broad policies for performance of the force’s duties and prepare periodic review reports.
On the DGP, the judgment says the officer shall be selected by the State government from amongst the three senior-most officers of the Department who have been empanelled for promotion to that rank by UPSC on the basis of their length of service, record and experience for heading the force.
“Once he has been selected for the job, he should have a minimum tenure of at least two years irrespective of his date of superannuation”. The removal can be done by the state in consultation with the SSC if conditions so warrant.
While separating the law and order and investigative arms, it should be ensured that there is full coordination between them, the court said, adding the process may be initiated in towns/urban areas with 10 lakh or more population and then extended to smaller towns.
... contd.