But is all this really going to happen? Will the political executive, that for so many years has been used to holding the police on such a tight leash with so much advantage to itself, ever be willing to relinquish this in the greater public interest? The court has set a timeline — perhaps too short — for compliance. The temptation to comply in letter, but to manipulate the spirit of the court’s directives will be almost too great to resist. Experience has shown that when it is a question of wrenching power from the executive’s hands, the result is crippled institutions. One has to look no further than the myriad, ineffective, parasitic commissions set up to look after minorities, SC/STs, and human rights protection.

Government has two choices: it can opt for honest implementation or cosmetic changes. The Supreme Court highlights that its directions are only meant to fill the gap until governments frame “appropriate legislations”. In these two words lies an ocean of interpretation. The draft Police Act currently being prepared by the Police Act Drafting Committee (commonly known as the Soli Sorabjee Committee) provides a good model.

Here is a real chance where honesty of purpose in reforming this fundamental institution will have a powerful knock-on effect in reforming other government agencies as well. No doubt, on January 3 the court will not appreciate hollow displays of intention. This is a crucial moment — the public needs to engage and assist governments and prevent them from squandering this opportunity for real change. January 3 falls in the new year. Can India hope for a new era?

... contd.