A Crime Investigation Agency (CIA) headed by Chief of Investigation under the administrative control of a Board of Investigation (BoI), to be headed either by a sitting or a retired Judge of High Court, is required. Besides, a State Police Performance and Accountability Commission headed by Minister of Home needs to be constituted.
These are some of the recommendations in the Second Administrative Reforms Commission's Fifth Report on Public Order which will be discussed at the Internal Security meeting of the Chief Ministers to be presided over by Prime Minister Manmohan Singh in New Delhi on Monday.
With Odisha going to have a separate Police Act, the structure of the State police in future would undergo a sea change, feel insiders.
The aforesaid recommendations are likely to be incorporated in it if the Chief Ministers' meeting adopts them, said an official. Separation of investigation from other functions is one of the most important recommendations, revealed a senior officer.
As per the recommendations of the commission, the BoI would have an eminent lawyer, an eminent citizen, a retired IPS officer, a retired IAS officer, Home Secretary, DGP, Chief of CIA and Chief of Prosecution as members.
The Chairman and Members of the BoI would be appointed by high-powered collegiums to be headed by the Chief Minister with the Speaker of Assembly, Chief Justice of the High Court, Home Minister and leader of Opposition in the Assembly as the other members. The CIA Chief having total autonomy in the matter of investigation would have a three-year term.
A State Police Performance and Accountability Commission (SPPAC) headed by the Home Minister would have the leader of Opposition in the State Assembly, Chief Secretary, Home Secretary, DGP and five eminent non-partisan citizens.
The State Government would appoint the Chief of law and Order Police from a panel recommended by the SPPAC.
like the Chief of the Crime Investigation, Chief of law and Order Police would have a term of three years. This apart, a Police Establishment Committee headed by the Chief Secretary would have the DGP, Home Secretary and a nominee of SPPAC as its Members.
The committee would deal with transfers and postings of senior police officials and the recommendations would be binding on the competent authority.
A District Police Establishment Committee (City Police) should be constituted under the Commissioner of Police/ SP of the district to handle all establishment matters of non-gazetted police officers.
A system of District Attorney should be constituted and a District Judge should be appointed as District Attorney, who would be the head of prosecution of the district.
The District Attorney would work under the Chief Prosecutor, who would be appointed by the BoI. The Chief Prosecutor would be an eminent criminal lawyer with a stipulated term of three years. Besides, there should be Independent Complaints Authorities to look into the complaints both at the State and district levels.
