The Chief Minister’s recent action of withholding the transfer orders of the DySPs, issued by the Police Establishment Board, has revealed that the CM’s office was not recognizing the power and authority of the Board constituted by the state government itself as per the SC mandate, to free the police department from political influence. It seems the CM is unaware of the crisis which his action may lead to The CM by withholding the transfer order, despite not being empowered to do so, has gone against the Supreme Court ruling. The Karnataka Government may have to face the wrath of the High Court or the Supreme Court in case the Board prefers to question the government action in the court. The reforms in the police department has been a longstanding demand of the civil society. Though the Supreme Court had issued certain instructions five years ago itself based on the several petitions before it, several state governments including Karnataka had not bothered much about the same. Later, the court constituted the Justice Thomas led Monitoring Committee to look into the progress in the implementation of the order by the state government. As per the assurance given by the state government during the Committees hearing in Bangalore last year, the Yeddyurappa Government constituted the Police Establishment Board which would decide on the transfer of officials upto the rank of the DySP. This board of senior police officials is chaired by the DGP.
The hidden agenda of the BJP government to use the police department for its political gains, has been proved by the recent withholding of the transfer orders. After all what was the explanation given by the CM’ office for withholding the order ? That the Board had transferred the DySPs without taking cognizance of the views of the ruling party legislators! Isn’t this a ridiculous and baseless argument? Are the police officials slaves of the MLAs and ministers? ( Though it is true in reality, this is the way in which it has been officially admitted). Is the existence of the Police Establishment Board merely for namesake ? If the senior officials of the Board who should ensure the autonomy of the policed department, will have to act as per the wishes of politicians, then what was the need to constitute the Board?
The government need to take several more measures as per the Supreme Court ruling in order to bring about reforms in the police department. Prominent among them is the constitution of a police commission to determine the policies and the course of action of the department, setting up of complaint authorities to enable public to lodge complaint against police officials, and also to form a state level appellate authority . The CT has raised all these issues several times.
In the wake of the state government withholding the transfer orders, it would be a mirage to hope that it would implement the other recommendations. If a number of cases of violation of the human rights by police personnel and officials are reported, then the main reason for the same are the politicians who make the police officials dance to their tunes. In fact the politicians who use the police department to have their way, have no accountability and ethical standards. If this is not true, then several BJP leaders including the Udupi legislator and his relatives would have been behind bars in the Udupi MLA’s wife case and the DK district minister would have been in troubled waters in the advocate Preetham Kumar missing and suspected murder case. Even a councilor from Udupi would have been behind bars in the murder case of Kundapur’s youth Raghavendra.
The state government action of withholding the transfer orders issued by the Board, necessitates the intervention of the Judiciary and pro-active decisions. Probably, the government may act within its limits and take decisions accordingly only after it is censured by the Judiciary.
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