Supreme Court Orders Police Reforms: State Security Commissions, Tenure for Key Officers, and Separation of Core Functions.

The SC mandated comprehensive police reforms, directing the establishment of State Security Commissions, Police Establishment Boards, and Police Complaints Authorities. It emphasized a minimum two-year tenure for DGPs and key officers, separation of investigation from law and order functions, and creation of a National Security Commission. Compliance by Central and State Governments was required by 31st December 2006. Further examination was sought on handling international terrorism and organized crime cases.

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Issues Involved:
1. Necessity for police reforms in India.
2. Implementation of National Police Commission recommendations.
3. Establishment of State Security Commissions.
4. Selection and tenure of the Director General of Police (DGP).
5. Minimum tenure for police officers.
6. Separation of investigation from law and order functions.
7. Creation of Police Establishment Boards.
8. Establishment of Police Complaints Authorities.
9. Formation of a National Security Commission.
10. Consideration of cases involving international terrorism and organized crime.

Issue-wise Detailed Analysis:

1. Necessity for Police Reforms in India:
The judgment emphasizes the need for police reforms due to radical changes in the political, social, and economic landscape since the enactment of the Indian Police Act, 1861. The Government of India appointed a National Police Commission in 1977 to redefine the role, duties, powers, and responsibilities of the police, and to suggest measures for improvement.

2. Implementation of National Police Commission Recommendations:
The National Police Commission submitted several reports between 1979 and 1981, recommending various reforms. However, these recommendations were not implemented, leading to the filing of the present petition under Article 32 of the Constitution of India, seeking directions for framing a new Police Act and ensuring police accountability.

3. Establishment of State Security Commissions:
The Court directed the State Governments to constitute a State Security Commission to prevent unwarranted influence on the police and to lay down broad policy guidelines. The Commission should include the Chief Minister or Home Minister as Chairman, the DGP as ex-officio Secretary, and other members chosen to ensure independence from government control. The recommendations of this Commission shall be binding on the State Government.

4. Selection and Tenure of the Director General of Police (DGP):
The DGP should be selected from the three senior-most officers empanelled by the Union Public Service Commission based on their service record and experience. The selected DGP should have a minimum tenure of two years, irrespective of the date of superannuation, unless removed due to disciplinary action, conviction, or incapacity.

5. Minimum Tenure for Police Officers:
Police officers on operational duties, such as Inspector General of Police, Deputy Inspector General of Police, Superintendent of Police, and Station House Officers, should have a minimum tenure of two years. Exceptions include removal due to disciplinary proceedings, conviction, or incapacity.

6. Separation of Investigation from Law and Order Functions:
To ensure speedier investigation and better expertise, the investigating police should be separated from the law and order police. Initially, this separation should be implemented in towns/urban areas with a population of ten lakhs or more, and gradually extended to smaller towns/urban areas.

7. Creation of Police Establishment Boards:
Each State should establish a Police Establishment Board to decide on transfers, postings, promotions, and other service-related matters of officers up to the rank of Deputy Superintendent of Police. The Board should include the DGP and four senior officers. The State Government may interfere with the Board's decisions only in exceptional cases, recording reasons for doing so.

8. Establishment of Police Complaints Authorities:
Police Complaints Authorities should be established at the district and state levels to address complaints against police officers. The district level Authority should be headed by a retired District Judge, and the state level Authority by a retired High Court/Supreme Court Judge. These Authorities should be empowered to make binding recommendations for action against delinquent officers.

9. Formation of a National Security Commission:
A National Security Commission should be set up at the Union level to prepare a panel for the selection and placement of Chiefs of Central Police Organisations (CPOs), ensuring a minimum tenure of two years. The Commission should also review measures to upgrade the effectiveness of these forces and make recommendations for their proper utilization.

10. Consideration of Cases Involving International Terrorism and Organized Crime:
The Court considered a suggestion to treat cases involving international terrorism and organized crime as measures for the defense of India and internal security. However, due to the lack of extensive study or material, the Court requested the National Human Rights Commission, Sorabjee Committee, and Bureau of Police Research and Development to examine this suggestion and submit their views within four months.

Conclusion:
The Court issued directions for the immediate implementation of the above measures to ensure police reforms, emphasizing the need for compliance by the Central Government, State Governments, and Union Territories by 31st December 2006. The Court also sought further examination and views on dealing with cases involving international terrorism and organized crime.

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