HC registers suo motu PIL on modernisation of police force

HC registers suo motu PIL on modernisation of police force

Srinagar: On the directions of Supreme Court of India, the J&K High Court has registered a suo motu Public Interest Litigation (PIL) related to modernisation, reformation, and progress of Police Force in the State of Jammu and Kashmir.
The court has registered PIL no.10/2019 titled “Court on its own motion Vs Union of India & Ors” and has directed central and state governments to file their response within six weeks.
A Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan said on this matter, “This Public Interest Litigation is registered pursuant to the directions of the Supreme Court passed on 11.3.2019 in a Writ Petition (Civil) No. 183 of 2013 titled Manish Kumar vs Union of India & Ors.”
The court noted that since the matter pertains to the Police Force, it shall be appropriate to make the authorities concerned as respondents to seek their response.
The court issued notice to Union of India through Secretary to the Government, Ministry of Home Affairs, and to State of Jammu and Kashmir through its Chief Secretary.
Notice on behalf of Union of India was accepted by Tahir Majid Shamsi, ASGI, and on behalf of State Govt it was received by BA Dar (AAG). “Registry to prepare a paper book for the appearing counsels,” the court directed.
On 11 March, 2019, a three-tier bench of the Supreme Court comprising CJI Ranjan Gogoi, Justice Sanjiv Khanna and Justice Deepak Gupta had directed State High Courts to monitor the issue related to police force as it was state specific and could be dealt with by the respective High Courts.
The apex court while disposing the writ petition had ordered, “It was in the contemplation of the Court that the matter be sent to High Court(s) for effective monitoring instead of this Court continuing with the present writ petition.”
“Having considered the matter, we are of the view that the records pertaining to each of the States including affidavits etc. be sent by the Supreme Court Registry to the Registry of the concerned High Courts with a request to the three Chief Justices of the High Court to entertain the matter on the Judicial Side as suo motu Public Interest Litigation and monitor the prayers made from time to time,” the Supreme court had directed.
The writ petition in SC had sought direction to all the States and Union Territories to constitute a Police Commission. Also, the petitioner had pleaded for formulation and implementation of the guidelines for prevention and control of violent mass agitations and destruction of life and property, in terms of the guidelines suggested by the Supreme Court.
The petitioner had further sought directions to the States and Union Territories to fill up the vacant posts in the Police and State Armed forces so that the police force does not remain overburdened. Also, periodic training and upgradation of police force was sought as well as fixing the working hours for police personnel.
The petition also prayed that the Union of India be directed to prescribe guidelines for Media Reporting of violent mass agitations and police action for prevention and control thereof.