The state government on Thursday submitted before the Kerala High Court that the suggestion of Law Commission to bifurcate ‘law and order’ and ‘crime investigation’ duties in order to make the police force more effective and efficient cannot be implemented overnight.
In an affidavit, N B Balakrishnan, Under Secretary to Government, Home Department, submitted that the state has accepted the recommendation in principle, but it cannot be done overnight.
Vehicles and other infrastructure have to be found and the state has to take into account the constraints of manpower in the Police Department. In order to study and submit a report on the administrative, practical and financial aspects of bifurcation, the state has appointed former director of the Kerala Police Academy as a commission.
On getting the report, appropriate steps will be taken without delay.The state made the submission in response to a petition by R Gokul Prasad seeking a directive to the state to implement the recommendations of the Law Commission of India.
The state submitted that the complaint of police officials that their department is understaffed and overburdened, which result in the diversion of attention from effective investigation, can be remedied by separating law and order and providing adequate manpower for investigation.Separation of law and order and investigation in police station is commendable. But the basic problem is shortage of manpower in the Police Department.
As per the existing system in the state, there are provisions for the investigation of grave offences by senior police officials and a distinct line of separation existing between law and order-enforcing officials and investigation officials.
The state introduced the system of separation of police wing in Kochi with effect from January 2006.
The recommendation can be implemented by the state by betterment of condition of service and making necessary changes in the police Acts, police regulations and manuals, the state submitted.