Divide state police into 2 wings based on function: HC to govt
Jodhpur, March 28 -- The Rajasthan high court has directed the state government to formulate a policy to separate the state police into two wings- one focused on the investigative function and the other focused on maintenance of law and order.
Justice Anoop Kumar Dhand issued the order on March 19, while hearing a forgery case based on an FIR lodged in 2014, wherein he expressed concern over the fact that the investigative delays recorded, observing that the investigating officer being burdened by law and order duties often results in similar delays.
The court directed the chief secretary, additional chief secretary of the state home department, and the director general of police to formulate a policy in this regard and prepare a proposal for the establishment of two distinct branches within the police force, a lawyer familiar with the matter said on Friday.
The court also referenced the landmark judgement in the 'Prakash Singh and Others vs Union of India and Others" case (2006), wherein the Supreme Court issued similar directions to the Centre and state governments for the formulation of legislation to separate the two functional wings of the police.
"In the case of Prakash Singh, the Apex Court issued clear and specific directions to the Central as well as the State Governments to bring appropriate legislation by introducing a new Police Act for separation of investigation work from law and order duties. Even the Apex Court, after studying various committee reports on police reforms, laid down certain directions in the nature of police reforms to remain operative until the new Police Act is framed," said the court.
"This Court hopes and trusts that appropriate legislation will be introduced by the State Government in terms of the observations issued by the Apex Court in the case of Prakash Singh," it added....
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