IMPHAL, December 6: Police reformation or police modernization is not only about upgrading weapons they use and not about training them to suit the changing times and abide by various laws while performing their duty.
This was stated by secretary of Human Rights Initiative Wahengbam Joykumar Singh while speaking to media persons at its office at Wangkhei Thangpat Mapal, Palace Compound today.
He said the Supreme Court of India has given judgements or directives in three cases which particularly deal with the police reformation and improvement of criminal justice system.
Following these directives is a very important part of the police reformation besides upgradation of weapons used by police personnel. However, in the case of Manipur it has not been followed, he maintained.
He said HRI had filed an RTI to find out whether the directives issued by the Supreme Court in the matter of State of Gujarat vs Kishanbhai Etc., (2014) 5SCC 108 is being followed by the State Home Department.
It may be mentioned here that the Ministry of Home Affairs had instructed the State Home Department in 2014 to follow the directives issued by the apex court in the above mentioned case.
He said at first the State government tried to furnish the information being sought by the RTI, however, denied later stating that “the Manipur Police Department is exempted from the purview of RTI Act, 2005 as per Manipur Government Notification 11/4/2005-AR dated 15.10.2005 and corrigendum of even No dated 25.10.2005 and hence it is regretted to inform you that your request cannot be entertained.”
He said the matter was taken up to Manipur Information Commission (MIC) following which the Commission asked the appellant to provide a verifiable proof of the case.
‘’First of all it was wrong from the MIC side to ask for a verifiable proof of the case because it is mentioned in the RTI Act that matters relating to suspicion of human rights violation and corruption the information seeks should be provided even if there is exemption,’’ he said.
However as asked by the MIC we provided a verifiable proof to them after which the Commission directed the SPIO/Home Department to provide the information sought by the appellant free of charge within 45 days from the date of receipt of this order, he claimed.
The order was signed on November 16 last according to the copy of the order provided to media persons.
“Now what we want is the information we are seeking as directed by the MIC,” he said.
He demanded Deputy Chief Minister Gaikhangam who also holds the Home portfolio to maintain transparency and accountability in the Home Department.
“We also demanded removal of the ‘exemption tag’ given to Manipur Police Department while seeking information through RTI as such rule is not there in other States,” he said.
“Because we are living in a very advance stage of human civilization where we should be able to file an FIR online and also information/details about the inmates lodged in the jail are provided online/website in other States to maintain transparency and accountability,” he observed.
He said as the police and jail departments are very important departments for promotion and protection of human rights, HRI is not happy with the exemption from the purview of RTI Act, 2015 of these two departments.
There should be transparency and accountability in the eye of the public, he said, demanding the State government to remove the RTI exemption of these two departments.
He said in regards to the directives given by the Supreme Court in the case of Writ Petition (Civil) 310 of 1996: Prakash Singh & Ors Vs Union of India and Ors (22/09/2006), the State government had submitted an affidavit to the court, claiming that they follow the directives when the truth is the opposite.
Admitting that transferring police officers before one year time is quite common in the State of Manipur, he pointed out that frequent change of investigating officer is one major factor of not being able to file charge sheet on time in many cases.
He noted that police have an important key role in right to access to justice but they have failed to discharge their assigned duties and as such, citizens are reluctant to approach them which led to failure of police reforms and community policing.