Open letter to Prime Minister - 05 Dec 2008

Hon’ble Prime Minister,

The entire nation stands traumatised by the recent terrorist attacks in Mumbai. Despite best efforts on our part, a small gang of ten desperadoes was able to hold the country to ransom for three days. It is a sad reflection on the competence of the state police that they were in no position to engage and liquidate the terrorists, and that the entire state machinery depended on the arrival of the Army and the NSG to deal with the situation. The common man is deeply aggrieved and in anguish, as to why after nearly 60 years of independence, we are still unable to protect ourselves from such terrorists attack.

The state police forces all over the country are in shambles. It is sad that the ruling parties have been using them more to further their political agenda rather than to protect the lives and property of the common man. Unfortunately, the callous bureaucracy hardly has any accountability when things go wrong on the law and order front. On the other hand, the police have a poor infrastructure and are low on morale. Their infrastructure comprising the buildings are more often than not shanties, they have ramshackle vehicles, their weaponry is outdated, communication equipment is poor and their service conditions leave much to be desired.

The country needs a modern, well equipped and highly motivated police force. Whatever the Centre has done so far by way of modernisation does not appear to be adequate. At the state level, the governments have been niggardly in meeting the essential requirements of the police. All this has to change requiring complete overhaul.

There are acute shortages of manpower in the police. The police-population ratio in India is 1:694. It is 1:334 in USA, 1:290 in UK and 1:416 in New Zealand. What is worse, even with less manpower on the ground, there exist huge vacancies in several states. According to the National Crime Records Bureau’s statistics for the year 2006, as against a total sanctioned strength of 12,09,904 civil police including district armed police as on 31.12.2006, there were only 10,91,899 policemen on the rolls. The vacancies were particularly acute in UP (1,19,893 against sanction of 1,33,595) and Bihar (43,273 against sanction of 56,341). There is a dire need to build a healthy police-population ratio.

The policemen are going to be in the forefront in our battle against terrorism. They would be required to make sacrifices. Unless we make police, the premier service of the country - second to none, in terms of pay, allowances and service conditions - it is unlikely that we will get the best committed human talent.

The environment in which the police work must also change. They should consider themselves as servants of the people rather than servants of the party in power. The Supreme Court of India, with the above objective in view, on Sept. 22, 2006, directed the setting up of three institutions at the state level with a view to insulating the police from extraneous influences, thus giving it functional autonomy and ensuring greater accountability. These institutions are: State Security Commission which would lay down the broad policies and give directions for the performance of the preventive tasks and service oriented functions of the police; Police Establishment Board which shall decide personnel matters of the department; and Police Complaints Authority to inquire into allegations of serious misconduct by the police personnel. Besides, the Apex Court prescribed a transparent procedure for the selection of the Director General of Police, with a prescribed minimum tenure of two years. Police officers on operational duties were also to have a minimum tenure of two years. The Court also ordered the separation of investigating police from the law and order police. The Union Government was directed to set up a National Security Commission.

The aforesaid orders were to be implemented by March 31, 2007. It is unfortunate that most of the bigger states are still dragging their feet in the matter. It is also inexplicable that despite repeated assurances on the floor of the Parliament, the central government has yet to introduce the Model Police Bill.

If we have to make our Police force capable of protecting the common man during extreme situations like terrorist attacks, it is imperative that the Supreme Court’s directions on police reforms be implemented without further delay. These directions, if sincerely implemented, would bring about a sea change in the working culture of the police and transform what has so far been the Ruler’s Police into a People’s Police force.

We urge your personal intervention in the matter. The country is not prepared to see the government machinery benumbed and paralysed even for a few hours by any group of terrorists. A well organised and well equipped police supported by efficient intelligence services is the only answer.

Some work in the direction of Police Reforms has been initiated through various Commissions and also by the Soli Sorabji Committee that drafted the New Police Act. There is an urgent need to categorise federal and local crimes, with a Federal Investigation Agency (FIA) to move in ab initio to investigate and prosecute federal crimes having national and international ramifications. The Mumbai blasts has amply highlighted this need.

In conclusion, Sir, we urge your personal intervention in implementing the following on topmost priority:

• Set up the National Security Commission
• Set up the Federal Investigating Agency immediately with appropriate legislative backup.
• The Model Police Bill should be finalised and passed. The separation of investigation from law and order should also be brought about expeditiously.
• Honout the Supreme Court directive to set up State Security Commission, Police Establishment Board and Police Complaints Authority according it the utmost priority. For the purpose, the needed financial assistance to the States be provided by the Centre.
  
• Review the infrastructure of the Police force together with their pay, allowances and service conditions, to ensure that only the best and committed people capable of sacrifice in the hour of need, get attracted to the force.
• Ensure that the most competent and upright professionals are appointed to head the security and intelligence agencies like IB, R&AW, CBDT, DRI and the like.
• Urgently introduce an amendment in the electoral laws, especially the Representation of People Act, to prevent charge-sheeted criminals from entering Parliament or State Assemblies - while guarding against genuine candidates being targetted with false cases.
  

We feel confident, Sir, that under your leadership the Country would rise to the occasion to deal with the national threat on account of terrorists attack, in a befitting manner.

Maxwell Pereira

(In drafting this letter, I have taken the help of Mr Prakash Singh - former DGP/UP and BSF, the man who went to Supreme Court demanding police reforms and obtained the firm directions reflected in this letter to the PM)

(This draft has also been shared with NGOs and other organizations, in a nationwide campaign for solidarity and action - a campaign for people's participation in concrete action for proper governance... by appending their own signatures to this letter in whatever whichever means deemed appropriate).

IPS for Home Secretary - 01 Dec 2008

http://timesofindia.indiatimes.com/Editorial/SUBVERSE_Cops_to_the_rescue/articleshow/3810296.cms

Times of India -Editorial-Opinion-Subverse

Cops to the rescue

9 Dec 2008, 0010 hrs IST, MAXWELL PEREIRA

"Enough is enough" is the anguished war cry sounded across the country following the terrorist attack on Mumbai. Shaken and shattered by the onslaught on the financial capital, the people of India as a whole have risen and clamoured for change and concrete action. At the receiving end are the politicians, and rightly so. Without doubt they have a lot to answer for.

But what about our administrators who hold the strings for the politicians and are expected to guide and help them take the right decisions and ensure action? In the 60-plus years since independence, how have our administrators fared in administering areas, like internal security

for instance, in which they claim expertise? There are many who believe that the root cause of unrest, violence, and growing Naxalism in the country is the inefficient management of land revenue and land records, both fiercely protected turfs of the Indian Administrative Service (IAS).

There are blogs on the internet that describe India's bureaucracy as "famously hidebound, having reduced the fine art of doing absolutely nothing and getting away scot-free to a science". True, there are fine IAS officers who prove the exception to the rule, but for the most part, as one blog puts it, "the babus in Delhi are happiest twiddling their thumbs in offices the size of an apartment". In the Mumbai terror strike they (the blogs) say "the failure of India's intelligence agencies and the home ministry rests at the feet of the babus".

Back in December 1974 the underground insurgent leader Laldenga's MNF cadres in Mizoram stormed the state police headquarters in Aizawl and killed G S Arya, L B Sewa and Panchappageshan, the three most senior police officers of the state at point-blank range. At a time when the whole territory and its administration was rendered rudderless and was in utter chaos, it was Surinder Nath an IPS officer of the Union territories cadre who was chosen to take the seat of chief secretary to restore state authority and enforce the rule of law that made developmental governance possible and eventually led to the wiping out of insurgency, bringing peace to the people within a democratic framework.

Later, during the Khalistan movement and Punjab insurgency, when all semblance of governance had broken down when even post offices and other essential services in the state had to be run either by the police or with police help it was the sheer tenacity and administrative acumen of IPS officers like Julio Rebeiro and K P S Gill that saved the day. They could overawe and wipe out the militants and their sinister designs for secession, and restore democracy in that part of our country.

When matters came to a head in Kashmir and the Farooq Abdullah government resigned in 1990, and President's rule was imposed, no IAS officer was prepared to go to the state as adviser to the then governor to help administer the state. Again, two illustrious IPS officers Ved Marwah and J M Qureshi came to the country's rescue and went as advisers, to help administer the state, both in the developmental and internal security areas.

When IPS officers have proved their mettle time and again and rescued the government, why then are they always given stepmotherly treatment and thought of only in times of crisis?

Many feel that the duties of a home secretary, especially those related to internal security, would be better discharged by an officer from the IPS, who would be professionally better qualified because of greater exposure and experience in the field of law enforcement. Chances of enforcing the rule of law would be better, and therefore people's faith in democracy would be firmer.

It may sound radical, and pretty unpalatable for our administrators, but isn't it high time that the country thinks in terms of having the right and the best person for every position, the one most qualified and with the right kind of experience? This includes choosing the best candidate as home secretary who is responsible for the internal security of the country, be it at the Centre or state level.

The writer is a former joint commissioner of police, Delhi.