REPORT OF THE KERALA POLICE PERFORMANCE & ACCOUNTABILITY COMMISSION
HIGH-LIGHTS OF THE RECOMMENDATIONS

Justice K.T.Thomas
(Chairman)
Former Judge, Supreme Court of India

MARCH 2005

POLICE PERFORMANCE AND ACCOUNTABILITY COMMISSION
HIGH-LIGHTS OF THE RECOMMENDATIONS

(a)    Evaluation of General Performance

The evaluation made by the Commission leads to the conclusion that while some improvement in the overall police performance during 2002 and 2003 noticed, there was a disturbing tendency towards deterioration subsequently. (Para 2.02)

(b)    Effectiveness of Autonomy

The Commission found that the autonomy had merits as well as demerits. Nonethless the Commission perceived more merits than demerits. The autonomy had rendered most of the police officers at the high echelons with a spirit of greater responsibility of commitment while it gave a feeling to a good number of policemen at the lower echelons a relief from discharging their duties including shirking of their resporisibilies. It is not a useful exercise to work out the cumulative effect of the new policy of autonomy after weighing the merits and demerits on the balance, to say which side tilts. According to the Commission autonomy to the police is the ideal, but it should be tempered with measures to prevent its misuse. (2.06)

(c)    Recommendations, for improving the performance and Accountability

(i)    RECRUITMENT

1. There shall be a separate Police Recruitment Board headed by a Selection Grade District and Sessions Judge  for speeding up the recruitment process of police personnel. (3.02 & 3.03)

2.  The maximum age limit for recruitment of the Sub Inspectors is now 30 years. The age limit at the entry stage shall be brought down to 25 years with suitable relaxation for SC/ST candidates. (3.04)

3.  Recruitment to the category of Sub Inspectors should be open to men and women. (3.05)

4.  The entry qualification for Police Constable may be raised from the present pass in SSLC to a pass in “Plus Two” or equivalent. (3.06)

5.   There should be regular intake of personnel in different categories on an annual basis. (3.07)

6.  Police Colleges may be set up at least in 3 centers of the State to catch the students young and train them up and for eventual recruitment of eligible ones to the police and assist them for appearing for all India service examinations. (3.08)

(ii)    TRAINING

1.  The new spirit generated by the Kerala Police Academy should be retained. For that core must be taken to choose the right official, if not the best in the force, for manning the institution. (3.09)

2.   The curricula for training officers and men shall be revised and updated periodically. (3.10)

3.  The training should be imparted by trainers who are selected on the basis of aptitude, skill and competence in conducting such training courses. (3.10)

4.   To attract proper personnel as trainers they should be provided with the hike to the tune of 30% in their salary and perks like accommodation, residential telephone and transport. The trainers shall be given a fixed tenure. It is advisable to have a provision for giving them one step promotion for the period of their training assignment as an incentive. (3.10)

(iii)   SERVICE CONDITIONS

1.  The working hours of policemen shall be effectively reduced to 8 hours a day. (3.11)

2.  There should be clear cut transfer norms and fixed tenure for each post for at least 2 years. All transfers should be finalised and implemented well before the beginning of the academic year. (3.12)

3.   There should be proper career planning for officers. (3.14)

4.   There should be a mechanism to ensure promotion from the constable level to higher posts at a much faster pace. (3.15)

(iv)    POLICE WELFARE

1.   There shall be a police school in every for educating the school going children of police personnel on the same pattern of the Central Schools. For this purpose the feasibility of using premises “uneconomic Schools” may be considered. (3.16)

2.  Police personnel may be covered under a medical group insurance enabling them to take specialised treatment in the nearest hospitals, the cost of which will be covered by the insurance. (3.17)

3.  Police officers should be given succour for defending legal actions against them on account of performance of their duty. (3.18)

(v)     A NEW WORK CULTURE

1.  The armed sentry standing in front of the police station can be replaced by policemen armed with revolvers inside the police station. (3.20)

2.  A woman constable as receptionist in the police station would give an atmosphere of cordiality and homeliness. (3.21)

3.  Every police station shall be equipped with a computer. (3.22)

4.  Police Stations should be spacious enough to provide seats for all the police personnel. (3.23)

5.   Police lock-up in the police stations should be abolished. Instead there should be centralised lock up at sub-divisional level (3.24 & 3.25)

6.  Law and Order duties and Crime Investigation should be separated at the police station level. (3.26)

7.  An amendment to Section 162 of Cr. PC should be carried out to enable the persons interrogated by the police to affix signature on the statement. (3.27 to 3.29)

8.  Police personnel allotted to local police should be exposed to a short term training of at least one month before being posted to local police. (3.30)

9.  The power given to the police for conducting enquiry into the complaints as per Circular No.1/73 may be retained but the police officer shall supply a copy of the complaint to the respondent even at the time of summoning to the police station. (3.31)

10. The State Government may issue a general order prescribing that all constables qualified to be promoted as Head Constables shall also be entitled to conduct investigation of cases. (3.32)

11.  Police Commissionerates shall be set up in Thiruvananthapuram, Kochi and Kozhikode as the population in these cities has crossed one million. (3.33 & 3.34)

(vi)     GARNERING OF POLICE PERSONNEL

1.   Treasury guard has now become quite unnecessary and hence should be withdrawn. (3.36)

2.  A large number of Police personnel can be saved if security personnel attached to officers are drawn from a single unit like the District Armed Reserve on a prescribed scale. (3.37)

3.   Sections 62 and 91 of the Cr. PC shall be amended through a State amendment to dispense with the need to serve court summons through police stations. (3.38)

4.   Prisoners escort can be dispensed with or atleast reduced by empowering the magistrates to hold sittings in the prison premises for routine matters. (3.39)

5.   VIP escorts have now become an unnecessary appendage and hence should be discontinued. (3.40)

6.   The armed reserve cadre in the districts can be merged with the local police and sufficient number of policemen provided in the local police stations after providing a minimum strength stationed in the armed reserve for emergency law and order response and essential prisoners escort. (3.41)

7.  Amendments may be made to the relevant Acts to replace the posts of IGP and ADGP with Superintendent of Police in the Human Rights Commission. Lok Ayukta, Ombudsman, Kerala Public Service Commission. (3.42-c)

(vii)    COMPUTERISATION OF POLICE FUNCTIONING

All the Police stations may be computerised (3.43)

(viii)    TRAFFIC

1.  Lessons on traffic laws should be included in the school curriculum. (3.44)

2.   Road dividers should be installed on all High-ways. (3.45-2)

3.   Re-designed helmets may be introduced instead of the present type in consultation with the Bureau of India standards. (3.47)

4.   Traffic should be made a special subject during the training of police personnel. (3.48)

5.   Statutory Traffic Regulatory Authority shall be constituted in all the cities and other District Head quarters besides other important towns in the State. (3.51)

(ix)    ABKARI

Police shall have nothing to do with abkari matters. (3.56)

(x)    ACCOUNTABILITY

1.   A Police complaint box shall be kept in every office of the local body (Corporation, Municipality and Panchayat) and not in any police station under the lock and key of the head of the local body. (3.58 to 3.60)

2.   Adalaths may be set up at sub divisional levels periodically, atleast once in six months. (3.61)

3.   The Superintendent of Police should prepare an annual report about the activities concerning all the police stations of the districts. (3.62)

(xi)   TRANSPARENCY

It is desirable to have a police spokesperson not below the rank of Deputy Superintendent of Police in every district to interact with the media. (3.63)

(xii)   CONDUCT OF PROSECUTION

1.  Public Prosecutors and Additional Public Prosecutors shall be appointed only from a panel prepared by the Sessions Judge. (3.68)

2.  The Superintendent of Police shall watch the performance of the Assistant Public Prosecutors and report to the Director General of Prosecution. (3.69)

3.   The investigating Officer must send a report to the Superintendent of Police in every case of acquittal showing his assessment of how the prosecution was conducted. The Superintendent of Police should send this report to the District Collector and Director General of Prosecution with his comments. (3.70)

(xiii)   SCIENTIFIC LABORATORIES

1.  The strength of scientists in the Forensic Science Laboratory should be increased to at least fifty in number to begin with. (3.74)

2.  A police officer of the rank of Deputy Superintendent of Police shall be specially deputed to gather information from all police stations regarding the cases in which the chemical analysis report is no more required. (3.76)

(xiv)    CORRUPTION AMONG THE POLICE

1.  The Director, Vigilance and Anti Corruption Bureau shall be ranked even above the DGP for the purpose of giving a singular position to him. He shall be designated as ex-officio Secretary to the Government. (3.80)

2.  Vigilance and Anti Corruption Bureau should be given absolute freedom for investigation and charge sheeting cases without awaiting Government sanction. (3.81)

3.  There should be an in-house-arrangement for monitoring the corrupt elements in the Police department. (3.82)

4.  Explore the possibilities of a State amendment to the Prevention of Corruption Act 1988 empowering the Government to confiscate the excess assets/wealth of the convicted public servant. (3.83)

(xv)    COMMUNITY POLICING

Community Policing should be implemented. (3.84)