Central Police Force For The Entire Country: End Of Federalism?

The proposal of the Union Home Minister Amit Shah for the establishment of a Central police force for the entire country in order to maintain better law and order position is though desirable for a party ruling at the centre, it is not without doubt about its proper use without having any political overtones.

The proposal was mooted at a 'Chintan Shivir' on a two-day State Home Ministers' meeting held in Suraj Kund in Haryana. Significantly, besides all the States ruled by the BJP only two non BJP ruled State ministers namely Bhagwant Mann of AAP party in Punjab and P Vijayan of Kerela which is ruled by CPI(M) attended. Other non- BJP ruled States such as RJD-ruled Bihar, TMC-ruled West Bengal and others remained absent.

The long pending cases affect the outcome of these cases because the memories of witnesses involved in these cases gradually fade away and the courts find it difficult to pick up the threads of vital facts. In the same Chintan Shivir, the Home Minister made it clear that new drafts of Cr.P.C and IPC will soon be introduced in the parliament for making them into laws. Hope this will be done in the winter session of the Parliament and when the Bills are passed into laws, they will benefit a large number of people from the agonising experience.

The insufficient court infrastructure and shortage of judges specially, in subordinate courts in yet another reason for the pendency of large number of cases in these courts. Therefore, instead of appointing Central police force for the whole country, it would be better to create more infrastructures for courts and fill up the judicial vacancies. Creating the whole new police force for the entire country may help to some extent in ensuring a uniform and scientific investigation of a case, but it cannot ensure impartiality. Therefore, the responsibility must be fixed on the Station House Officer or other Investigating Officer for misusing the law against a person at the instance of such person or his superior officers and the provision for severe punishment should be made in the relevant criminal laws. This alone can safeguard the protection of life and property to a citizen.

The archaic laws not only criminal, but also civil, commercial, family and administrative need to be amended at once. They are chocking the judiciary and they need to be sensitized. If a judicial system has to be streamlined, piecemeal approach to the problem would not yield the results. On the other hand, the Chintan Shivir rightly or wrongly sends out a message that if the opposition ruled states don't succumb to the dictation of the Union Home Ministry, in the name of uniformity of scientific investigation a central force will be enforced on them which will become a weapon of oppression.

On the other hand, the proposals smacks of questionable intentions about the working of the proposed One Nation Police Force given the 'tu tu mai mai' between the Centre and States. Therefore, the centre must come out clean of its good intentions about the proposed One Nation Police Force by announcing several Civil and Criminal measures for the better working of the judiciary rather than establishing a police force which would be in addition to CBI, IB and NIA. This alone will create confidence in the minds of opposition State's rulers about the good intentions of the centre which is of course, saddled with the responsibility of maintaining Unity and Integrity as per Constitution in all the states.

Acquittal In Criminal Case No Ground For Exoneration In Departmental Enquiry: Madras Hc

The Madras High Court recently reiterated that acquittal of a person in a criminal case cannot be a ground for exoneration in independent departmental enquiry commenced by the employer against such person since the procedures and standards of proof adopted in a departmental enquiry are different from those followed in a criminal court of law.

Delivering the judgment in Param Shivam v/s The Director General of Police and others, the Madras High Court observed that the preponderance of probabilities can never be used to order the quashing of Departmental enquiries.

New Cr.Pc And Ipc To Be Introduced In Parliament Soon

The Union Home Minister, Amit Shah said on October 27 that he will come up with the introduction of new drafts on Cr.P.C and IPC soon in the parliament. I am looking into various suggestions I have received regarding improvement in Cr.P.C and IPC.

Speaking at a two-day Chintan Shivir at Suraj Kund in Haryana, the Home Minister said that government is planning to set up branches of the National Investigation Agency in every State.

In May 2020, the Home Ministry had constituted a 5-member committee to recommend criminal law reforms in India. It was chaired by the Vice Chancellor of the National Law University, Delhi, Prof Ranbir Singh. He said all the suggestions will be uploaded on the website of the committee for the benefit of public.

Pocso Court Terms Calling A Girl 'Item' As Derogatory

A special POCSO court in Mumbai sentenced a 25 year old man at the time of making lewd remarks against 16- year-old girl by addressing her as an item and pulling her hair near her residence at Suburban Mumbai in July 2015.

The fact 'the accused intentionally caught hold the victim's hair and pulled it and called her an item, in my opinion will certainly go to prove the fact of him having outraged her modesty, the Judge said.

The accused was sentenced to a one- and-a-half year imprisonment by the Court.

Ts Hc Selects Judges Clerks

The Telangana High Court has selected a total of 22 lawyer clerks for the High Court of Telangana Judicial Academy seeking confirmation from the selected candidates of their intention to join the offer.