constitution and indian judiciaryshodhganga.inflibnet.ac.in/bitstream/10603/10375/13/13... · 2015....
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143
CONSTITUTION AND INDIAN JUDICIARY
Having realised the importance of the role of judiciary, the framers of the
Constitution incorporated detailed provision relating to higher as well as subordinate
judiciary in the Constitution itself. The Constitution of India has provided for a single
integrated system of courts to administer both central and state laws.
The bar is another important component of the criminal justice administration.
Generally, only the prosecution is considered as a component of the criminal justice
administration. But the bar, which includes prosecution as well as the defence, as a
whole plays a vital role in the administration of criminal justice by assisting the
judiciary in reaching to the truth in criminal cases and therefore, both its wings
deserve to be discussed together. Emphasizing the role of the lawyers, the Supreme
Court in the case of Bar Council of Maharashtra v. M.V. Dabholkar,342
observed:
“The central function of the legal profession is to promote the administration
of justice. The practice of law is a public utility of great implications and a monopoly
is statutorily granted to this problem by the nation, it obligates the lawyers to observe
scrupulously those norms which make him worthy to win the confidence of the
community as a vehicle of justice –social justice.”
The Constitution of India, under Articles 124, 217 and 233, makes qualified
advocates eligible for appointment as district judges, judges of the High Courts and
the Supreme Court. As on February 1, 1999, out of 382 permanent judges of all 18
High Courts in India as many as 250, i.e., about two-thirds, were appointed from
among the members of the Bar, and out of 24 judges of the Supreme Court twenty-
two judges came from the Bar while only two judges represented the judicial
342
Bar Council of Maharashtra v. M.V. Dabholkar, quoted in All India Report 1976 Section 242.
144
services.343
Apparently, in addition to its normal functions of assisting the judiciary in
dispensing justice, the Bar plays another crucial role by offering its members for
appointment as judges.
Legal Profession in India
Before the Constitution came into existence, there was no uniform system of
legal profession in India; though there was a strong demand or a unified Indian Bar.
With the establishment of the Supreme Court of India in 1950, a new stimulus was
given to the demand for a unified All India Bar. The Supreme Court Advocates Act,
1951, provided that every advocate of the Supreme Court has entitled, as of right, to
practise in any High Court whether or not he was an advocates of that High Court.344
Subsequently, the Government of India felt the necessity for sponsoring a Bill for
setting up an All India Bar Council. Accordingly, it constitute a committee under the
Chairmanship of Justice S.R. Das of Supreme Court. The Committee gave its report in
1953 and recommended creation of a unified national Bar, and complication and
maintenance of one comprehensive common roll of advocates. The Law Commission
of India in its 14th
Report of 1958 adopted almost all the recommendations of the Das
Committee. The Commission favoured division of the Bar into senior advocates and
junior advocates.345
Advocates Act, 1961
For the implementing the recommendations of the Bar Committee and the
Law Commission, the Advocates Act, 1961 was passed.346
The main features of the
Act are:
343
Government of India, Ministry of Law and Justice, Department of Justice, Judges of the Supreme
Court and the High Courts, New Delhi, 1999. 344
Ibid. 345
Ibid. 346
Ibid.
145
(i) establishment of All India Bar Council and a common roll of advocates, an
advocates on the common roll has a right to practise in any part of the country
and in any court including the Supreme Court;
(ii) integration of the Bar into a single class of legal practitioners as advocates;
(iii) prescription of a uniform qualification for the admission of persons to the
profession;
(iv) division of advocates into senior advocates and other advocates based on merit;
(v) creation of autonomous Bar Council, one for the whole of India and one for each
state – the council for India being constituted by representatives elected by state
council; and;
(vi) punishment of advocates for misconduct.347
CONSTITUTION OF INDIA AND PRISONS
The prisoners, reformatories, borstal institutional and other institution of like
nature are included in the state list under the Indian Constitution. The legal base for
prison is Section 4 of the Prison Act which requires the state government to provide
accommodation for prisoners in their territories, in prison which as per Section 3,
means any jail or place used permanently or temporarily for the detention of
prisoners. Further, under Section 417 of the Code of Criminal Procedure, 1973, a state
government may direct in what place a person liable to be imprisoned or committed to
custody is to be confined.348
Prison Manuals
Many of the Indian leaders who played an important role in the country‟s
struggle for freedom and had spent many years of prison were fully aware of the
347
The Gazetteer, Vol. IV, pp.416-417. 348
Mrinmaya Chaudhary, n.72, pp.177-178.
146
urgency of improving condition in Indian jails. Therefore immediately after India
become free, steps were taken to improve the prisons on a priority basis.
The Government of India set up an All Indian Jail Manual Committee to
prepare Prison Manual for the use of various states in India. The Committee finalized
a Model Prison Manual in 1960. It inter alia recommended diversification of
institution; setting up Boards:
(a) Central Bureau of Correctional Services,
(b) Central and State Advisory Boards,
(c) Board of Visitors, Review Board and Services Board in each jail; adequate
training of staff; personnel discipline; educational programme for all prisoners;
vocational training; and after care and rehabilitation.349
The administration of prisons being a state subject under the Constitution of
India, the recommendations of the All India Jail Committee are not of mandatory
nature and only provide guidelines to achieve some uniformity in all the states.
However, the central laws, i.e., the Prison Act of 1894 and the Prison Act, 1900,
which still govern the management of prisons in the country, provide an overall
uniformity in the administration of prison. The prison manuals of the state
governments are based on the Central Acts.
From the foregoing analysis of the constitutional provision, it is observed that
the ideals of equality, liberty and dignity of the individual were kept constantly in
view while framing the Constitution. The framers gave top priority to „justice‟. They
made several provisions for criminal justice and its administration in the Constitution
itself. While recognising rights of the people, the imperatives of security, unity and
integrity of the state were also kept in view constantly.
349
Ibid.
147
The Constitution allows the state, which includes the police and magistracy, to
impose reasonable restrictions on some of the fundamental right of the people in
certain circumstances to maintain order, decency, morality, etc.
Thus, the Constitution contains adequate provisions for fair administration of
criminal justice. However, for achieving desired result, the provision needs to be
implemented meticulously obeying the spirit behind them and not just the latter.
148
The criminal justice administration is the most ubiquitous features of all
societies – both the ancient and the modern. It is based on deep-rooted principal that
the human being in a society behave in such a manner that the social objective of
living together are maximised and the non-harmonious or anti-social behaviour can be
minimised through the exercise of the coercive power of the state. However, at the
same time to safeguard individual liberty, it has to be ensured that such coercive
powers of the state are neither arbitrary nor unbridled. This multifaceted social
concern is the prime determinant of the tone and quality of the criminal justice system
that prevails in the society – especially in a democratic one.
The Criminal justice administration as an integrated system represents an
organised social response to crime in and against the society.350
The criminal justice
administration has three major components – the police, the judiciary and the
correctional services – the prison. While each of the component part perform its own
allocated function in a criminal justice administration, the major responsibility for
initiating the process rest on the police – whose role has been split out as maintenance
of order and prevention and detection of crime.
The role of judiciary is perceived as of adjudication and interpretation of
laws, and the role of the correctional institutions – the prison is security control of
those who are entrusted to them in the final stages of the criminal justice
administration. The three components of the criminal justice administration function
as a relay role. In a role of this kind, it is not enough to have good individual runners,
but also the team spirit necessary for winning the race. The three sub-systems must
350
K.D. Gaur, Criminal Law and Criminology, APH Publishing House, New Delhi, 2002, p.52.
149
strive together in coordination with each other to achieve the consensus goal of
effective control of anti-social behaviour.351
For long the three components of the criminal justice administration in India
have functioned in isolation, each pursuing its own organisational goals with little
interaction amongst them. Added to these are the complexities and contradictions
inherent in the functions of the components. From police we demand willy nilly
effective social protection, while safeguarding the rights to those who have little
respect for them. From judges we expect that they are not only just, but appear to be
so. In prisons, we seek compassion while inflicting pains. These contradictions within
each sub-system‟s functioning have been mostly responsible for their isolationist
attitudes.352
It is only in recent time that the need for greater harmony than what is
obtained in the operation of the components is being felt and articulated. The
decisions taken at different stages may be conflicting and contradictory, and the
strategies may be divergent and even subject to critical scrutiny by other components,
but they do form part of the total process of the system. Although they are expected to
strive towards a common goal, but each of the component part is strictly independent,
their relationship is amorphous. They may vaguely share the bound objectives of
crime control, but each of the components has its own priorities, values, standards of
evaluation, method skill and specific environment in which it function.353
In consequence, rather than work in harmony, the criminal justice
administration in practice operation generates conflicts both at the ideological and
operational levels. The ideological conflict arise from the manner in which each of the
351
R.B. Jain, Public Administration in India, 21st Century Challenges for Good Governance, Deep
and Deep Publication, New Delhi, 2001, p.314. 352
Ibid. 353
A New Survey of Universal Knowledge, Encyclopaedia Britannica, Vol. 6, William Benton
Publishers, Chicago, 1996, p.754.
150
component perceives its own role and accepts the value gamut of the total system.
Operational conflicts emerge from the fact that each components tries to maintain its
unique position and identity in the system.
At the heart of the criminal justice administration in any country, there is a
paradox – an inverse relationship between the amount of discretion which the agent of
law have and the status which they enjoy. In the criminal justice administration in
India, the greatest amount of discretion is possessed by the police officers. The trigger
mechanism of the criminal justice process is in the hands of the police officer, and not
with the lawyers, prosecutors or judges. Though the authority and discretion given to
police officers around the world is remarkable, at the same time among all the agents
of the criminal justice administration, they have the lowest status and prestige within
the system.
The criminal justice administration in India has shown unmistakeable sign of
wilting in recent times.354
Police has failed to achieve a reasonable degree of public
acceptability and display serious cracks in its organisation, courts are dogged with
hundreds of thousands of cases resulting in the enormous delay and irritations in the
system. And the prisons euphemistically named correctional institutions are totally
out of tune with the reformatory ideology which dominates their penal policy. The
criminal justice administration in India by and large reveals a disconcerting degree of
hollowness, a deepening sense of frustration and a lack of direction.
It is a system in which hardly three percent of the persons prosecuted by the
police, under the Indian Penal Code, get convicted. It is also a fact that neither the
guilty are speedily brought to book nor the innocents are spared of harassment. The
investigation procedure remains as outmoded as during the pre-independence days
when Justice Sir Waish of Allahabad High Court had the occasion to comment.
354
Bal Krishan, “Is Justice Fair Enough”, The Hindustan Times,Delhi, July 24, 1995, p.5.
151
Whereas the English detective begins with his witnesses and works his way up to the
discovery of truth, the Indian Sub-Inspector begins with the accused, and from him
works his way up to witnesses.355
India is peculiar case of a soft and permissive state with stern and stringent
laws. It combines the disadvantages of both. While on the one hand it suffers from
fallouts of softness and permissiveness, on the other, it was subjected to severs,
criticism for having draconian laws. As a result, neither the objectives of strong laws
are attained nor the country‟s image is effectively protected from the onslaught of
National and International human rights bodies.356
This may required the study of
organisational set up of police in Punjab; the different branches and the strength of
personals; technical facilities, training facilities; quantum and pattern of crime
required to be handled by police and the others investigating agencies; handing and
disposal of cases by the police; assessment of the performance with reference to
success and failure of the investigation of criminal cases; incidences of malpractices
or violation during the investigation process and personal perspectives of the
functionaries dealing with the administration of criminal justice in general and
investigation of crime in particular.357
ORGANISATION OF PUNJAB POLICE
Punjab Police has a pervasive organizational structure. Director General of
Police (DGP) is headquartered at Chandigarh along with the Secretarial staff
including Administration Intelligence, Security Crime and Forensic Science
Laboratory, Provisioning and Computer Wireless and communication. The Punjab
355
Ibid. 356
The Hindustan Times, Delhi, September 6,1994, pp.1-3. 357
A.A. Siddiqui, “Police Perform Reform in India, Measuring Police Performance with Public
Service”, The Perspective, No. 2, Philluar, August 2001, p.8.
152
Police is organized into different wings/units each headed by senior officer as outlined
in the chart.
153
Chart No. 4.1
Organization of Police Department in Punjab
*Source: Office of D.G.P. Punjab, Chandigarh.
Constitution of India is federal in character. Accordingly there is a division of
power between the centre and the states. Public order (excluding the use of any naval,
military or air force or any other armed force of the union and any other force subject
to control of the union and aid of civil power) and police (including railway and
village police) subject to the provision of Entry 2-A of List 1, are in the sphere of the
state (List II State List). Entry 2-A deals with deployment of any armed forces of the
union or any other force subject to the control of the union in any state in aid of civil
power; and power, jurisdiction, privileges and liabilities of the member of such forces
while on such deployment.
AT STATE LEVEL
The superintendence over the police in Punjab, as in other states, is vested in
state government and is exercised through its Department of Home Affairs and
Justice.358
358
K. Koshy, Punjab Police Rules, Vol. 3, The Bright Law House, Rohtak, 2006, p.38.
154
Police Headquarters
The Director General and Inspector General of Police (DGP) is the chief of
Punjab Police. He is responsible for command and control over it and its recruitment,
training, discipline, internal economy, welfare and operational efficiency. He is also
advisor to the state government in all matters connected with state police, security,
law and order of crime. He is head of Police Department.
At his headquarter, he is assisted by a number of Additional Director General
of Police (ADGP), Inspector General of Police (IGP), Deputy Inspector General of
Police (DIG), Assistance Inspector General of Police, Controller of Finance and
Accounts and other staff offices. Punjab Police Headquarter consist the following:
Law and Order Branch
Administration/ Establishment Branch, which also look after police welfare
Provisioning Branch including Accounts and Finance Branch
Crime Branch which also looks after State Forensic Science Laboratory
Intelligence Branch
Security Branch
Computer and Wireless Branch
Operations Branch
Training Branch
Litigation Branch
While administration/ establishment branch and provisioning branch are
looked after by ADGP administration and litigation branch is under the charge of an
IGP, each of the remaining branches is headed by an ADGP.359
359
Data on Police Organisation in India as on January1,1999, obtained from Bureau of Police
Research and Development, New Delhi, September 2001, p.57.
155
Administrative Division
The Punjab state divided into four zones: (i) Patiala Zone, (ii) Jalandhar Zone,
(iii) Ferozepur Zone, (iv) Border Zone. Inspector General of Police is the head of each
zone. These zones further divided into six ranges, namely, Patiala, Faridkot,
Jalandhar, Ludhiana, Firozpur and Border range, and each range is headed by Director
General of Police (DIG). Presently, Punjab has 24 police districts, 78 police sub-
divisions, 38 circles, 270 police stations (171 rural and 99 urban). An Inspector
General of Police (IGP) heads a zone. Each range is headed by Deputy Inspector
General (DIG). Each district is headed by a Senior Superintendent of Police (SSP).
Each district has a number of police sub-divisions and a number of police stations,
each sub-division is headed by a sub-divisional police officer or Deputy
Superintendent of Police (DSP) or Assistant Superintendent of Police (ASP). A Sub-
Inspector of police or an Inspector of police heads each police station is called Station
House Officer (SHO). Some police stations have police posts. Each police post is
headed by an Assistant Sub-Inspector (ASI) or Sub-Inspector (SI). A police post is a
subsidiary of a police station and is responsible for prevention and detection of crime
in its area under the overall control of its police station headed by SHO. However, a
police post can not register a case, crime are to be registered at the police station
itself.360
Zonal Police and Range Police
360
Ibid
156
The Zonal IGP guides, supervises and controls range Deputy Inspector
General and coordinates their working. This institution is of recent origin, since until
recently there was no supervisory officer between the Director General of Police
(DGP) and a range Deputy Inspector General (DIG). A range DIG is responsible for
administration, training, discipline, welfare and operational efficiency of police of his
range. He guides supervises and controls District Superintendents under him and
coordinate their working. In the exercise of his responsibilities, he interferes as little
as possible with the executive authority of his District Superintendents of Police. He
is also advisor of Divisional Commissioner and District Magistrates whose
jurisdiction lie within his charge.
157
Table 4.1
District-wise Number of Police Stations and Police Posts in Punjab as on October
31, 2001
District Number of police stations Number of police
posts
Total
Gurdaspur 12 10 22
Batala 14 7 21
Amritsar 13 9 22
Taran Taran 12 4 16
Majitha 8 4 12
Kapurthala 8 5 13
Jalandhar 22 2 24
Nawanshehar 5 4 9
Hoshiarpur 10 8 18
Rupnagar 10 8 18
Ludhiana 18 3 21
Khanna 5 4 9
Jagraon 7 2 9
Firozpur 17 22 39
Faridkot 6 0 6
Muktsar 7 1 8
Moga 8 0 8
Bathinda 15 1 16
Mansa 10 0 10
Sangrur 12 4 16
Patiala 16 7 23
Fatehgrah Sahib 6 4 10
Barnala 7 1 8
Govt. Railway
Police (GRP)
Punjab
11 0 11
Source: Statistical Abstract of Punjab, Economic Advisor to Government of Punjab,
Chandigarh, 2001, p.749.
The District Magistrate is the head of the criminal administration of the
district. The police force in a district is, therefore, placed by law under the general
control and direction of the District Magistrate. In the exercise of his control, he is
required to inspect police stations. But he exercise no executive authority in the
matters, which concern the internal administration and training of the force. The
158
Superintendent of Police is expected to keep District Magistrate fully and promptly
informed of all matter relating to crime and public order.361
AT DISTRICT LEVEL
For the prevention and detection of crime, district police is a main
organisation. The Senior Superintendent of Police is generally known as the chief of
district police set up in Punjab. He is supposed to be soldier, a leader, a teacher, a
diplomat and a friend in need. The SSP generally assisted by three Additional
Superintendents of Police, popularly known in Punjab as Superintendent of Police
(SP). There are three categories of SPs, SP (Headquarter), SP (Detective), SP
(Operation). Superintendent of Police (SP Headquarter) is concerned with posting and
transfer, financial matter and police lines. He is thus the administrative manger of the
district police set up in Punjab. SP (Detective) assists the SSP in crime prevention and
detection. SP (Operation) deals with the anti-terrorists and anti-criminal operation
within the district. He mobilize resources for these operation and arranges
coordination among different agencies involved in these operations. In big cities like
Amritsar, Jalandhar and Ludhiana, two Superintendents of Police (SP) look after the
charge of city police stations.
361
Punjab Police Rules 1: 5, No. 9.
159
Chart 4.2
Organization of District Police in Punjab
Source: Office of D.G.P. Punjab, Chandigarh.
There are also a number of Deputy Superintendent of Police (DSPs) at district
police headquarter, such as DSP (Headquarter) DSP (Directive), DSPs (Police Lines),
160
DSP (Special Branch, DSP (City) and DSP (Rural). A district police headquarter
generally consists of an office and a police lines.362
Table 4.2
Sanctioned Strength of Punjab Police as on January 1, 2000
Rank Civil police including District
Armed Reserve
Armed Police Total
DGP 2 1 2
Addl. DGP 9 1 10
IGP 15 2 17
DIG 16 7 23
AIG/SSP/SP 105 76 181
ASP/DSP 246 138 384
Inspector 610 142 752
Sub-Inspector 1646 474 2120
ASI 3884 354 4238
Head Constable 8311 3029 11340
Constable 37478 13738 51216
Total 52322 17961 70283 Source: Data on Police Organisation in India (as on 1-1-2000), Bureau of Police
Research and Development, New Delhi, 2000, pp.26-31.
SUB-DIVISIONAL POLICE SET-UP IN PUNJAB
The district supervision of police station is the responsibility of a Deputy
Superintendent of Police (DSP), Assistant Superintendent of Police (ASP). He is
designated as a Sub-Divisional Police Officer (SDPO). The charge of SDPO
comprises 2 to 6 police stations in Punjab. He discharge his responsibilities by
undertaking surprise checking, conducting crime meetings, sending observation notes
on the progress of various cases, visiting the scene of crime recommending rewards
and punishment, formal/informal inspections, directly assuming the charge of
investigation where investigation is suspected to be done in an unfair manner,
maintaining liaison with other officers of the sub-division (such as Sub-Divisional
Magistrate) and his counterparts in the neighbouring areas and by undertaking annual
performance appraisal of his subordinates. A DSP has got special powers under
362
Ibid.
161
Narcotics and Psychotropic Substances Act and Gambling Act, etc. A SDPO is
assisted by a staff of 2 to 3 persons (including a vernacular typist) headed by a Head
Constable who is known as Reader.363
Rural Police Stations
The Indian Police Commission (1962) reported that the Chowkidari system
seemed to be working well in Punjab.364
According to the Punjab Police Rule 21.3
(4), the village watchman, or Chowkidar, is a village servant who chief duty is watch
and ward of the village. He is required to assist the village headman in tracing
offenders and to make arrests as authorised by law. He is responsible to District
Magistrate for performance of his duty. The District Magistrate, who is also the
disciplinary authority for Chowkidars, appoints a Chowkidar. Punjab Panchayati Raj
Act, 1994, empowers a gram Panchayat to enquire into and make report about
misconduct of petty officials including a Chowkidar. Efforts of Punjab police to
acquire full control over village Chowkidar and to make him independent of the
control of village headman did not succeed as the state government felt that this
change would strike at the root of the principle of village responsibility for control of
crime on which the Chowkidari system is founded.365
Chowkidar is also the agency
for reporting of birth and death occurring in the rural tracts. For the purpose of
recording vital statistics, Chowkidars visit police stations at prescribed intervals. On
these occasions news and orders regarding prevention and detection of crime and
collection of intelligence are imparted to them.
363
Compendium of Recommendation of the Police Commission of India, National Crime Record
Bureau, New Delhi, 1987, p.19. 364
Ibid. 365
G.S. Aujla, Second to None: A History of Punjab Police, Mahindra Brother Printer, Ludhiana,
1998, p.49.
162
Punjab has Village Patrol Act, (VIII of 1918). The Act empowers the District
magistrate to direct the villages for patrolling (thikri pahra). The Superintendent of
Police approach their District Magistrates for invoking the provisions of this Act. The
police rules provide that thikri pahra and naka bandi (a non-statutory arrangement) on
no account be regarded as a matter of routine and should be resorted to temporarily
only during epidemics of crime.366
The police rules enjoin upon officers of police stations to organise naka bandi
and thikri pahra on a voluntary basis as a measure of community policing. The officer
in-charge of rural police station and their subordinates are expected, under Police
Rules, to tour their jurisdiction freely for gaining local knowledge and supervising
performance of Zaildars, Inamkhors, Lambardars and Chowkidars in relation to crime
and criminals. The Head Constables and Constables of police stations are deputed to
village to keep a watch and the gather information about bad characters.367
Urban Policing
Policing in urban areas in Punjab, as in other states, is based on beast patrols,
and traffic points. Patrols are of two kinds: (a) patrols under Head Constables or
superior officers for the supervision of staff engaged for observation in the areas of
beast; (b) patrols outside the areas of fixed beats for the protection of special areas or
for the interception of criminals and suspicious persons coming to or from the towns.
While all parts of a beat or patrol area cannot be under constant observation, the time
at which a particular sport is patrolled is kept uncertain.
For fairs, processions, festivals and other public functions, adhoc police
arrangements including for parking and diversion of traffic are made in the area
concerned. For vulnerable installations, full time guards having adequate number
366
Vijay Kumar Jindal, Punjab Police Rules march.3,1934 – With Police Act, 1861, Chawla
Publication, Chandigarh, 1998, p.2. 367
Ibid.
163
police personnel are detailed. The cost of many such guard is realised from the agency
in the premises of which the guards are posted. Patrols, beats and guards are regularly
checked and inspected.368
Women Police
In the state of Punjab, women police is a part of its civil police, but some
states have women police in their armed as well as civil police force. Assam and
Madhya Pradesh are two such states. The actual strength of women civil police
including District Armed Police at the National level was 48625 against the
sanctioned strength of 41107. The proportion of actual “Women Civil Police” to the
total „Civil Police‟ is 1: 22.5. The maximum strength of women civil police among
the states existed in Tamil Nadu (8646) followed by Maharashtra (7477), Karnataka
(3586), Orissa 2669, Gujarat (2463), Kerala (2433), Rajasthan (2226), Uttar Pradesh
(2128), Madhya Pradesh (1955), Punjab (1515). Punjab has ten women police
stations, i.e., Jaladnhar, Amritsar, Batala, Ludhiana, Bathinda, Firozpur, Faridkot,
Hoshiarpur, Patiala and Sangrur.369
Government Railway Police
Government Railway Police in Punjab, as in other states, is organised to deal
with crime and maintain law and order on the railway system. For the prevention and
detection of crime and general police duties, the jurisdiction of Government Railway
Police (GRP) is divided into a number of sub-divisions, each under the charge of a
Deputy Superintendent of Police, each such sub-division is further divided into police
stations for the purpose of registration of crime, the upkeep of records and distribution
of the force. For the investigation of crime, every sub-inspector of railway police has
368
Strengthening and Modernisation of State Police Force: Report of PPG-IV, Ministry of Home
Affairs, New Delhi, p.22. 369
Ibid.
164
the powers of an officer in-charge of a police station. The jurisdiction of the railway
police is confined to railway limit, i.e., all grounds and buildings within the railway
boundary. The duties of railway police include:
Protection of traveller.
Maintenance of law and order at railway stations and in trains.
Attending the arrivals and departures of passenger trains at stations for the
purpose of rendering assistance to the passengers and railway officers as also for
keeping watch on undesirable elements.
Bringing of all offences under the Railway Act and bye-laws to the notice of
proper railway authority.
Keeping platform clear of idles and beggars.
Control of vehicles and other traffic in the compounds of railway stations.370
The district and railway police, being branches of the same force, are expected
to cooperate and assist each in every possible way.
Armed Police Battalions
Punjab has 18 police battalions. Each battalion is headed by a Commandant,
who is an officer analogous in rank to a Senior Superintendent of Police (SSP). A
battalion is generally divided into companies. A company is divided into three
platoons. A platoon consists of three sections.
Indian Reserve Battalions
Five India Reserve Battalions have been raised by the Punjab Government on
21 December 1993 to supplement its reserves to timely and effectively meet its own
requirements of force for maintaining public order as well as to render prompt help to
370
Ibid.
165
other states on the request to government of India.371
These battalion have not only
augmented the security force in the state but also provided an opportunity for
absorption of over 1800 Special Police Officers (SPOs) working in the districts of
Punjab who had performed very creditably in the fight against the militancy, in
regular service.
Commando Battalions
To contain the activities of terrorists in Punjab, the State Government raised
five Commando Battalions in the pattern of central paramilitary forces. The first
battalion came into existence in 1988. The second and third battalions were raised in
1990. The fourth and fifth battalions were established in 1992. A DIG of Police
oversees the training of personal of these battalions. An IGP is in overall control of
these battalions. The personnel of these battalions are meant for anti-terrorist
operations such as raids on hideouts of terrorists, laying nakas and ambushes. Their
personnel are also detailed for VVIP security duties. The Non-Gazetted Officers
(NGOs) and Other Ranks (ORs) for the commando battalion are selected from the
Punjab Armed Police (PAP), who then undergo eight weeks commando course. The
trainers who are not able to complete the course successfully are repatriated to PAP.
The personnel of commando battalions are required to serve in these battalions for
tenure of two years after which they are absorbed in district police.372
371
Annual Administration Report of Punjab Police Department, Punjab Home Guards and Directorate
of Civil Defence, Chandigarh, 1997, p.21. 372
Ibid.
166
POLICE TRAINING
According to Gore Committee on Police Training, training is a conscious
effort for imparting or improving the knowledge and skills of an individual and for
developing his attitude and values in the desired direction. Under the change
circumstances the following objectives have to determine the liniments of police
training in order to enable them to play their role in the socio-economic order.373
To prepare a police force which is physically fit, alert and responsive.
To foster loyalty to the constitution, commitment to the aspiration of the nation,
the concept of an egalitarian society and the needs for national integration.
To increase awareness of the problem those arise in the wake of development
process, social diversity, scarcity and controls, regional imbalances etc.
To effect attitudinal change in dealing with the uneducated and under-privileged
masses divided by the contours of religion, caste, region and income.
To cater to the need for the application of scientific techniques, management
concepts and skills, inculcation of constructive attitude and values in police
work.
To prepare the police to complete with the best outside the department in terms
of updating skills and abilities in sate-of-the-art technology.
It appears that Punjab police has not so far succeeded in effecting attitudinal
changes in its members, despite relentless efforts being made by it for this purpose.
An important area of police work relates to service oriented functions, which are
meant to provide relief to persons in distress situation. As in other parts of the
country, policemen in Punjab are not being trained and equipped to perform these
functions.374
373
G.S. Aujla, Police Training – A Profile, Mohindra Brother Printer, Ludhiana, 1998, p.56. 374
Ibid, p.58
167
POLICE TRAINING INSTITUTE IN PUNJAB
Punjab has a number of institutions for police training; scope and role of these
institution are mentioned below:
Jahan Khelan Hoshiarpur Police Recruits Training Centre
It is subsidiary recruit training school in Punjab established in the year 1947,
and is located at Jahan Khelan, which is about 10 kms. from Hoshiarpur on the Una
road. It is supervised directly by the Director, Punjab Police Academy (PPA). It can
accommodate 3000 trainers at a time. It conducts the following courses:
Basic course for constable including constable of wireless wing (duration nine
months).
Weapons and tactics course of 8 weeks duration for ASIs, HCs, and constables.
Conversion course for constables on transfer from commando battalions.
Capsule course for constables who have not done nine months training at this
centre.
Reorientation course for constable on list C-II.
Detective foot constable course.
Reorientation course for police behaviour.
Refresh course for constable for districts police and GRP.
Gunmen course for district police (GRP).
Training-of-trainers course.
Punjab Armed Police Training School, Jalandhar
The school was established in October 1991. It caters to training needs of
recruits of Punjab Armed Police (PAP) battalions.375
Since the duty of armed
battalions primarily involved guarding of vital installations, residences of VIPs and
375
Data on Police Organisation in India, Bureau of Police Research and Development, New Delhi,
2000, p.100.
168
mob control their training requirements are different from the training needs of civil
police. As such, a separate training institution has been set up for these battalions.
Table 4.3
Training Course Conducted at PAP Training School, Jalandhar
Training Courses Duration of Training
Drill and Weapon Instructor Course 16 weeks
Weapons and Tactics Course 12 weeks
Gunman Course 2 weeks
Drill Refresher Course 4 weeks
Driving and Maintenance Course 26 weeks
Crash Training 15 days
NAP course 32 weeks
Bomb Disposal Course 15 days
Handling and Defusing of Exposure 2 weeks
VIP Security 2 weeks
Reorientation Course 15 days
Special Crowd Control Course 6 weeks
Tear Smoke Course 6 weeks Source: Punjab Police Academy, Phillaur.
Maharaja Ranjit Singh Punjab Police Academy, Phillaur
Up to year 1890, the newly appointed police officers were went directly to
their station where they were trained under experienced officers. As the time passed,
officers trained in the fashion could not meet the challenge of the job as their
orientations depended a great deal on the whims of officers under whom they were
trained.376
In those days, there used to be a police school in the police line in every
district, where the subject in which enrolled officers had to qualify for promotion,
used to be taught. In 1891, Police Training School (PTS) was set up at Phillaur. It
became functional in 1892. Before 1890 there was only one regular police training
institution in the country at Vollere in madras presidency, which was established in
1859. The objects of PTS was to train and educate candidate for the superior and
subordinate grades of the police forces, and to improve quality of personnel from
376
G.S. Aujla, n.24, p.73.
169
which promotion to the higher ranks was to be made. The staff of the school was
expected to foster amongst the students the attitude for physical fitness, discipline,
courtesy and straight forwardness. Police officer of North West Frontier Province,
Baluchistan and Delhi also received training at the school. By 1905, princely states
also started sending their officers to the school. The PTS was upgraded as Police
Training College (PTC) under the charge of Superintendent of Police in 1962. The
post of principal was upgraded to the level of DIG in 1967. On 1 March 1995, the
institution was upgraded as Punjab Police Academy (PPA) with an Inspector General
of Police as its director. Now an additional Director General of Police heads the
academy.
The academy is affiliated with Guru Nanak Dev University for academic
courses like M.A., M.Phil. and Ph.D. in Police Administration. The objective of the
academy have changed from time to time. When Punjab was affected by militancy,
the courses of academy were oriented towards anti-terrorists activities. The academy
is also having programmes to bring about attitudinal changes in Punjab police, so that
the force becomes acceptable to the society and is treated by the society as its friend
and saviour. The academy is well-staffed. It was three major departments – indoor,
outdoor and administration. Social sciences constitute separate segment of its
curriculum with full time teaching faculty.
Academy has five hostels which can accommodate over 1200 trainees, officers
mess which can accommodate 50 officers, over 400 family quarters, a 25 bedded
hospital, 25 class rooms which have capacity for 1250 students, a mini forensic
science laboratory for instructional purpose, an auditorium with sitting capacity for
1400, one fully air-conditioned conference hall with sitting capacity of 65, a well-
equipped computer training centre, a cyber café, a library with about 35000 books and
170
40 journals, modern shooting range, an all-weather riding school, a human process
laboratory, a communication centre, a stadium (having 400 meter athletic track), a
captive power generation unit, a firearms training system, a traffic training centre, a
small traffic park, audio-visual training aids, a golf club, a rifle club, a physical fitness
centre and other facilities. The academy also maintain police museum established in
1901. It contain articles of police interests like tools and implement used by criminals,
forged coins and currency notes, dyes, old police records, old and rare weapons,
weapons of offence, poisons, moulds and a photo gallery with old and rare
photographs.377
The Human Process Laboratory (HPLO) provides psychological
backup during various training programmes. It is equipped with latest behavioural
testing equipment necessary for shaping the personality of the trainees. It also
conducts various behaviour modification session in the form of sensitivity training
stress management, counselling service, psychological testing, etc.
Training programmes are planned to impart necessary knowledge regarding
the subject; assist the participants to develop the necessary skill for translating the
knowledge into action; enables the participants to identify and understand the attitude
which would be desirable in handling different situations. The academy runs the
following basic courses. Officers from other states are also accepted in these courses.
Basic courses for directly recruited ASIs (duration one year), Inspector/ Deputy
Superintendent of Police (duration one year), and Women Constables (duration
nine months).
Drill Instructor‟s Basic Course (six months) for Constables and Head Constable
and Burglar‟s Basic Course (six months) for Constables.
377
Prospectus-cum-Calendars of Course 2002-03, Punjab Police Academy, Phillaur, p.4.
171
Six weeks attachment course in which IPS probationers are taught cultural and
historical background of the state, police regulations, fundamental rules,
supplementary rules, local and special laws, local language, local agrarian/
political/ law and order problems in Punjab. court rooms functioning and
etiquettes, methods of collection of intelligence and composition and functions
of intelligence network of the state, platoon/ company drill, etc.
Course for newly recruited Punjab Civil Services (PCS) judicial officer in which
they are taught Punjab Police Rules, forensic science, forensic medicine and
police practical work to help them gain a balanced view of functioning of
various components of criminal justice system. Similar courses are also run for
PCS (executive) officers.378
378
Data on Police Organisation, n.26, p.34
172
Table 4.4
Specialised Courses Run by Punjab Police Academy
Course Personnel /Organization to
receive Training
Duration
Finger Print Proficiency Constables and HCs 1 month
Photography-cum-Single Digit Constables 3 months
Refresher course for Drill Instructor Constables and HCs 4 weeks
Elementary Traffic Constables 4 weeks
Juvenile Justice GO and NGOs 2 days
Self-Development GO and NGOs 3 days
Departmental Enquires GOs/ Inspectors 2 days
Drug Law Enforcement Course GO and NGOs 3 days
Station Clerk Course (Moharar) Constables and HCs 6 days
Scientific Investigation NGOs 3 days
Management of Anti-social and
Criminal Behaviour
NGOs 2 days
Economic Offences NGOs 3 days
Mob Psychology and Crowd Control ASIs/ Sis 6 days
Human Rights GOs and NGOs 2 days
Anti-terrorism GOs and NGOs 2 days
Attitude and Behavioural Change GOs and NGOs 3 days
Officers Procedure and Accounts GOs 2 days
Station House Management Sis 3 days
Stress Management NGOs 3 days
Forensic Science GOs 3 days
Crime against Women, Children and
Weaker Section
GOs 3 days
Police Community Relations NGOs 2 days
Training of Trainers GOs and NGOs 4 days
Police Rules and Procedure SPs/ Commandants 3 days
Inspection and Supervision GOs 2 days
Strategic Management SSPs and DIGs 3 days
Gender Sensitization GOs and NGOs 2 days
Investigation Skills NGOs 3 days
Computer Crime and Information
Technology
GOs 2 days
Management of District Office GOs 2 days
Vertical Interaction Course on Stress
Management
Senior police officers from all
over the country as nominated by
BPR&D
6 days
Source: Prospectus-cum-Calendars of Courses: 2002-03, Punjab Police Academy,
Phillaur and Police Recruits Training Centre, Jahan Khelan.
Commando Training School, Bahadurgarh, Patiala
173
When terrorism in Punjab reached a high watermark, a commando battalion
was created out of the existing PAP (Punjab Armed Police) strength. With the
sanction of raising of four more commando battalions, it was felt that Punjab should
its own commando training school. Accordingly, this school was established in May
1992 at Bahadurgarh Fort near Patiala. Some infrastructure was already available at
this place and the same was suitably expended to cater to the requirement of
commando training. The institution conducts three months training programme for
Punjab Armed Police (PAP) constables who are transferred to commando battalion.
India Reserve Battalions Training Centre, Ladda Kothi, Sangrur
The centre was established at Ladda Kothi in the year 1994 when five IR
battalions were raised by the Punjab police. Prior to the establishment of this training
centre, Ladda Kothi was subordinate recruit training centre under the control of PTC
(now at Punjab Police Academy, Phillaur).379
The centre now cater to the training
needs of IRBs only.
CID Training School, Chandigarh
It was established in September 1973 to provide training to nose police
personnel who are posted in CID.
379
Shankar Sen, Policing in Democratic Society, Gyan Publishing House, New Delhi, 2000, p.29.
174
Table 4.5
Course Conducted at CID Training School, Chandigarh
Course Duration of training
Basic Intelligence Course for Officers of Intelligence Wing 4 weeks
Basic Intelligence Course for NGOs of Intelligence Wing 4 weeks
CIP Security Course 7 days
Counter-terrorism Course 10 days
Surveillance and Enquires Course 10 days
Counter-Intelligence Course 12 days
Course on Recruitment of Sources for NGOs/HCs of
Intelligence Wing
5 days
Subversion/ Counter-Subversion Course 5 days
Techniques of Interrogation Course 8 days
Source: Punjab Police Academy, Phillaur
Wireless Training School, Phillaur
It runs several courses for operational and technical personnel of Punjab
Police Wireless Wing.380
Special Investigating Agencies/Centres in Punjab
Punjab has a Vigilance Bureau to deal with complaints against government
officials including the police personnel. It registers cases on the basis of information
received after preliminary verification and, in suspected cases, arranges traps. It may
starts its inquires on a complaint received directly or on the basis of reports forwarded
by various departmental heads including police department. If inquiry conduced by
the vigilance department does not establish a prima facie corruption case and
discloses irregularities or omission/ commission of other types, the matter is referred
back to the concerned departments for action under relevant disciplinary rules.381
Community Peace Resource Centre
380
Data on Police Organisation in India, no. 26, p.101. 381
Punjab Police Rules, 16.12, No. 9.
175
To improve the image of the police there are plans for community policing in
Punjab. It was first set up in district Ludhiana in February 2003 to provide single-
window services to the people like, general inquires related to different work of
community service; foreign counter‟ verification counter; passport verification; armed
licenses and permission, human rights complaints counter; NCRB counter and
information centre under Right to Information Act.
Crime against Women and Children Prevention Cell
These cells have been established in Punjab where the help and collaboration
of the social worker is also taken in resolving the matter relating to women and
children. Generally matrimonial disputes are dealt by giving special consideration to
the restore matrimonial harmony and the protection of the rights of the women.
Scientific/Forensic Laboratories in Punjab
Successful investigation of crime as well as fair administration of justice
depends upon the quality of evidence. If the quality of evidence is poor as has been
the case with eyewitnesses‟ testimony, the criminals manage to go unpunished.
Realising the importance of forensic science in improving the quality of evidence, the
Government of India in the year 1958, prepared a model scheme to introduce science
in the Indian criminal justice delivery system by setting up a chain of forensic science
laboratories all over the country.382
In due course several such laboratories have been
set up in different states. To strengthen these laboratories, the government of India has
made provision for assistance to the states for this purpose under the scheme launched
by it for modernization of state police forces.
Punjab Forensic Science Laboratory
382
B.B. Nanda and R.K. Tiwari, “Development of Forensic Science Services: A State Level”, Indian
Police Journal, No. 4, Delhi, October 1999-March 2000, p.109.
176
Punjab has a Forensic Science Laboratory (FSL) at Chandigarh. It was
established in the year 1981. It has seven divisions, namely, ballistic, physical,
documents, toxicology, serology, chemistry and biology. It is headed by a Director
Punjab has not such regional laboratory. To facilitate prompt deployment of forensic
science team to the scene of crimes, mobile forensic science units have been
established at some districts in Punjab.383
Training for Management of Crime Scene
A scene of crime is generally a veritable mine of clues of profound
evidentiary value. These clauses have to be preserved and prevented from
contamination till the arrival of forensic science team from laboratory or a mobile
unit. Arrival of these team at the scene of crimes takes time depending upon the
distance involved between their location and the scenes of crime. Police personnel of
the nearby police station or outpost are generally the first official functionaries to
reach a scene of crime. The responsibility for preservation of these scenes of crime
and prevention of clues from contamination rests on these police personnel. In many
cases, due to dearth of resources, it is not possible to deploy forensic science teams to
all the scenes of crimes. The police personnel mentioned above have to identify, lift,
pack and forward the clues of forensic science laboratory for examination in cases not
covered by the visits of forensic science teams.
Unless the civil police personnel are sensitized about forensic sciences, they
cannot satisfactorily discharge the responsibilities mentioned above. Punjab police is
making appropriate efforts in this regard. A mini forensic science laboratory is
attached with Punjab Police Academy, Phillaur. This laboratory provides training to
383
The Tribune, Chandigarh, January 4, 2003.
177
the students of academy in scientific aids for investigation and inculcates in them
necessary awareness regarding forensic science.384
Central Forensic Science Institutions
There are three central forensic science laboratories – one at Kolkata, second
at Chandigarh and third at Hyderabad. These laboratories, apart from doing research
and development work, function as referral centres for cases, which requires extensive
investigation and high expertise. Such cases are referred by the courts as well as by
other forensic science laboratories. Chandigarh laboratory is being developed as a
centre of excellence for specializing research work in physical science.
Central Government maintain laboratories of Government Examiners of
Questioned Document (GEsQD) at Shimla, Kolkata and Hyderabad. The laboratory of
Shimla is conveniently accessible to Punjab police. It is being developed as a centre
of excellence for research in application in computer in analysis of questioned
documents. States can also utilize the services of DNA units of CFSL, Kolkata, and
neutron activisation analysis unit, which function at Baba Atomic Research Centre,
Mumbai, and it is only institution of its kind in the country.385
The central laboratories and GEsQD laboratories are managed by Bureau of
Police Research and Development (BPR&D). Forensic science division of BPR&D
conducts a series of training and retraining courses in strategic technologies for
practice in major fields of forensic science for scientists of state forensic science
laboratories. The division coordinates all forensic science activities including research
and development programme in the country through centre and state FSLs and three
GEsOD. This division, in addition, holds annual metting of Directors of State and
384
Modernization and Upgradation of Police Infrastructure – A Five Year Projection, Bureau of
Police Research and Development, New Delhi, p.28. 385
Ibid.29
178
Central FSLs and Biennial Conference on forensic science. It also provides
consultancy service to state government for setting up new laboratories and
reorganization/ upgradation of existing ones.386
386
Ibid.32