CHANDIGARH: With the Punjab Cabinet on Monday okayed an amendment to the Punjab Police Act 2007 for setting up a state commission for the selection of Director General of Police (DGP), in line with court guidelines. Thus now it is expected that the lobbying among the top brass in the state police for the coveted post of state DGP will intensify.
The Punjab Police (Amendment) Bill 2018 will be tabled in the ongoing session of the Vidhan Sabha. 'The Punjab Police Act 2007', enacted on February 5, 2008, did not provide for selection of DGP from the panel as prepared by UPSC, and the state government, led by Captain Amarinder Singh, had recently sought the opinion of the Advocate General with respect to the matter of appointment of DGP.
Based on the recommendation of Punjab Advocate General Atul Nanda, the Cabinet decided to amend Sections 6, 15, 27, 28 and 32 to bring the 2007 Act in line with the court judgement. The amendment would bring the procedure for DGP appointment in tandem with the recommendations of the SC in Prakash Singh and Others versus Union of India and others, (2006) 8 SCC 1 (Prakash Singh’s case).
The state government had earlier this month decided to bring in the amendment to the Punjab Police Act 2007 to enable the constitution of a state police commission for appointment of DGP, while deciding to seek a review of the Supreme Court order of July 3, directing states to choose and appoint their DGP from a panel to be constituted by the UPSC based on the concerned state government’s proposals.
The Chief Minister had accepted the opinion of Nanda that the directions amounted to infringement, by the Centre, of the state’s powers, since Law and Order was a state subject as per the provisions of the Indian Constitution. In Prakash Singh’s case, the court had issued directions concerning police reforms in the various States. This included a direction to select the DGP of the state “from amongst the three senior-most officers of the Department who have been empaneled for promotion to that rank by the Union Public Service Commission (UPSC) on the basis of their length of service, very good record and range of experience for heading the police force.”
In its July 3, 2018 orders, the SC has directed states that “when they anticipate vacancy in the post of DG, they shall send their proposals to the Union Public Service Commission well in time i.e. at least 3 months prior to the date of retirement of the incumbent on the post. The UPSC shall then prepare the panel as per the directions of in the judgment reported in (2006) 8 SCC 1, out which the State shall pick its DG.”
The apex court has further directed “that any legislation/rule framed by any of the States or the Central Government running counter to the direction shall remain in abeyance to the aforesaid extent.” It has, however, granted liberty to the states to approach the court for modification of the above direction in the event they are aggrieved by it.
Sources said that presently Director General of Police (Intelligence), Punjab Dinkar Gupta a 1987 batch IPS officer is the front-runner for the post of Punjab DGP, as the present incumbent DGP Suresh Arora of 1982 batch retirees on September 30. Also, Arora is believed to be backing Gupta who retires in 2024.
Meanwhile, Mohammed Mustafa, a 1985 batch IPS officer posted as DGP Punjab State Human Rights Commission and retires in 2021, is the most senior cop after Arora. His wife Razia Sultana is PWD minister in the state government. After Mustafa is another 1985 batch officer, Hardeep Singh Dhillon, a Jat Sikh who is DGP (Law and Order). Since he is to retire on March 31, 2019.
Then there is Jasminder Singh, DGP (IVC), a 1986 batch officer who is to retire in 2019 and also another 1986 batch IPS officer Siddharth Chattopadhyaya who retirees in 2022.