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Police reforms: Plea in SC for push to implementation of court’s own guidelines

An application has been filed in the Supreme Court making suggestions for effective implementation of Supreme Court’s guidelines in Prakash Singh & Ors vs Union of India, with respect to police reforms.

The application has been filed by Senior Advocate Raju Ramachandran and advocate Archana Pathak Dave, who are amicus curiae in the case. They have submitted that the Court’s directions in the judgment are unimplemented or not fully implemented.

The applicants have further submitted that the court, in its judgment in Prakash Singh vs Union of India, made it clear that its directions were “for compliance till framing of appropriate legislations.” As on date there are 17 state legislations which have since been passed. However, the validity of the said new state legislations is under consideration by the court.

In the light of the above the applicants have made the following suggestions:

·       The jurisdictional High Courts constitute dedicated Benches to determine the extent to which compliance by executive orders has been made by the concerned States/UTs. For this purpose, the High Courts would have to take the assistance of an Amicus Curiae and also appoint Expert Committees to verify compliance at the ground level. The High Courts may be requested to complete the exercise of determining compliance within a period of six months.

·       Individual applications pertaining to the States/UTs concerned may be dealt with by the said Benches in keeping with the letter and spirit of the directions given by this Hon’ble Court in its judgment dated 22.9.2006.

The applicants have urged the Court to fix an early and actual date of hearing for the adjudication of the case in which the question of the constitutional validity of the concerned State legislations is involved and the contempt Petition in which the validity of the relevant provisions of the IPS (Cadre) Amendment Rules 2014 is involved.

-India Legal Bureau

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