Police reforms not implemented even 13 years after the judgement: Reason for the riots

Advocate Prashant Bhushan, on Friday, informed the Supreme Court that the guidelines laid down in the Prakash Singh judgment on police reforms had not been implemented till now, over 13 years after the judgment. Bhushan told the Bench headed by Chief Justice of India SA Bobde and Justices BR Gavaiand Surya Kant, that there needs to be a separation of powers within the police. He also seeked an urgent listing of the same referring to the riots which broke out in North East Delhi to highlight the pressing need for the court to issue directions for the implementation of the 2006 judgment.

The Supreme Court agreed to list the matter after the Apex Court has finished hearing the reference made in the Sabarimala case.

Points made by the advocate.

The wings concerning investigation and law and order need to be separated because in the absence of the same, a situation similar to what is happening in Delhi may arise.

In the recent riots that ensued in Delhi, there are police personnel who are also accused. Thus, he called for a separation of the two wings.There must be a separate investigation wing and a separate law and order wing in the police, as the former constitutes administration of criminal justice while the latter is a part of executive duty, he urged. Some police personnel are accused in the recent riots witnessed in Delhi, therefore there's a need for separation of powers in the police, he added. Unless the guidelines are implemented, and wings are separated, we could witness more situations similar to what ensued in Delhi, cautioned Bhushan in his endeavour to show the urgency of the matter.

"Investigation is part of administration of criminal justice while law and order is an executive duty, the two need to be separated".

Earlier this month, another Bench of the Supreme Court comprising Justices Sanjay KishanKaul and KM Joseph had also raised the issue of the Prakash Singh case. Justice Kaul pointed out that the states appeared to be reluctant to implement the guidelines. This remark was made when the Court was hearing an application concerning the Delhi riots.