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TIP FOR PUNJAB POLICE
A Short cut to image building: Asset Declaration
Mansewak Singh 

At a time when the Campaign for Judicial Accountability and Reform is leading the charge to bring about transparency in judicial system, why are there not demands enough for senior police officers to make their assets public? At a time when the police forces are widely seen as harboring many corrupt elements, it will do the image of the police a great deal of good if the DGP of, say, Punjab, was to declare that assets of every SHO and senior officer will be made public.

Yes, there are too many SHOs. And there are too many officers. But that will be all the better, since the people's perception is that there is too much corruption. 

Police in India, given the real ground conditions, is considered the most powerful in the world by many observers but in terms of standards of accountability, however, the police is viewed as the least accountable.

Unlike in case of judiciary, there is no sustained campaign by any civil society groups and activists. Many think that if such a campaign was taken up, the sheer force of public opinion will ensure that the party or the government which brings this about this move will stand to gain a lot of goodwill.

The Campaign for Judicial Accountability and Reform (CJAR) is one such civil society initiative, which has from time to time brought together on a common platform various grass-roots activist groups to seek judicial accountability and to mobilise public opinion on the demand for transparency in the functioning of the judiciary. It is time that this campaign is extended to the security forces too.

With all his proclaimed honesty and transparency, the Akali Dal president Sukhbir Singh Badal can take a lead. He is the Home Minister incharge of the state too and is also the Deputy CM. With his father as the CM and little resistance within the party or the government, this one step will make him stand out from the crowd of younger politicians in India.

To begin with, he can propose that the police officers can voluntarily disclose their assets on the website of the Punjab Police. In times of the era of Right to Information (RTI) which has already caught the public imagination, it is only appropriate that the people get to know how the poor policeman lives. The honest police officials will be only too happy to declare their assets as it will help quell and negate the perception about widespread corruption in the force.

Of course, there will be resistance initially, and it is no fault of the police officers. Even in case of Supreme Court judges, there was strong resistance. We still do not know if the judges have been complying with the 1997 Resolution or the Code of Conduct. Also, whether assets disclosure will be accessible under the RTI still needs to be decided.

In fact, the Bill that is sought to be introduced in the Rajya Sabha to help introduce accountability among the judiciary should be for all public servants above a certain level. Why should the civil servants be required merely to disclose assets to the government, and not to the public? “Not merely assets, even income tax. Unless you know the income statements, you can’t compare their assets with their income to see whether the assets are disproportionate to their known sources of income or not,” Prashant Bhushan, convener of the Campaign for Judicial Accountability and Reform, has said in a recent interview.

The line between unwarranted invasion of privacy and the public interest  

There is no privacy about income tax. That is the public duty of every citizen. In my view, any information required to be submitted by law to a public authority cannot be considered personal information having no relationship with the public interest. If there is no relationship to the public interest, then there will not be a law requiring you to submit information to a public authority. And it cannot be considered an unwarranted invasion of privacy. If you have to submit information to a public authority, what is the problem in declaring it to other citizens? Whatever invasion of privacy has to take place has already taken place when information is disclosed to a public authority...

The income statements, right now, are not available. I am of the view that they should be available under the RTI Act.

 

He has also underlined that the view that income tax returns filed with the Income Tax Department are exempt because they are personal incomes is certainly erroneous. “If the assumption is that personal information or information that will cause unwarranted invasion of privacy has no relationship with the public interest, it is clearly wrong. Even if income tax returns can be considered to be personal information, certainly it is related to the public interest. The public interest requires that people know whether people are paying their taxes or not; whether their assets are disproportionate to their known sources of income or not. Not merely public servants but every citizen’s income tax return should be available under the RTI Act,” he said.

Well, imagine a scenario where you can log in and get access to the income and assets of each of the police officers in Punjab?

During the militancy era in Punjab, scores of Punjab Police officers were accused of making money through illegal means. Such a scenario can be nipped in the bud if the citizenry has the access to the assets of the senior police officers. One major benefit will be that it will also bring into public gaze the plight of the lower rank constabulary that is paid peanuts but is expected to hold the front lines in case of any law and order situation. An average Indian is much less aware of the travails of the Sipahi on the ground whose duty hours are undefined. In any other department, the employee will benefit from undefined hours; in the force, that may mean duty schedules running to 12 hours or more. When police officials under such pressure are perceived as corrupt, it acts as double whammy. It will be better if they take the moral high ground and beat even the judges by making asset declaration mandatory.

On the lines of the proposed national judicial complaints commission to entertain complaints against judges, to investigate them and take action, there can be a national commission to probe the conduct of police officers. This is all the more important as in most cases of human rights violations, it is the police that is involved, as per the National Human Rights Commission data. Just as the judiciary acts like a class, rather like an oligarchy, so does the police force in India. Even on the assets disclosure, the majority of the Supreme Court judges were against it. It is the pressure of public opinion that has forced them to change their minds. There are a few judges who are not opposed to assets disclosure. Similarly, there will be a few good souls who will not be opposed to asset declaration by the police.
 

 

New-age policeman should be professional: PM 

New Delhi: Favouring a new-age policeman who is well trained, more professional and suitably empowered, Prime Minister Manmohan Singh has said Central and state governments need to take quick action to strengthen policing at the grassroots level.

"The police station has to be the fulcrum around which this needs to take place. A large increase in the number of police stations along with raising the strength of police stations has to be undertaken," he told a conference here of Directors General and Inspectors General of police organised by Intelligence Bureau.

The PM said the country needs far higher number of policemen to improve the present low police- population ratio of 145 per lakh people and as a first move, urgent steps should be taken to fill up the large number of vacancies that exist at various levels in the police.

"But increasing numbers alone will not be enough. We need a new-age policeman who is more professional, better- motivated, suitably empowered, well-trained, and one who places greater emphasis on technology for investigation and other tasks," he said.

Singh said emphasis should be on capacity building from the police station level itself, so that the police is better equipped.

"Each police station should aim at being self-sufficient and needs to be given the required resources in terms of anti-riot gear, better weapons, the nucleus of a mobile forensic unit and be connected to a networked criminal data base management system," he said.

 

 

16 September 2009
 

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