KanglaOnline:
Imphal: Monday, 07 December 2015.
December 6:
Police reformation or police modernization is not only about upgrading weapons
they use and not about training them to suit the changing times and abide by
various laws while performing their duty.
This was
stated by secretary of Human Rights Initiative Wahengbam Joykumar Singh while
speaking to media persons at its office at Wangkhei Thangpat Mapal, Palace Compound
today.
He said the
Supreme Court of India has given judgements or directives in three cases which
particularly deal with the police reformation and improvement of criminal
justice system.
Following
these directives is a very important part of the police reformation besides
upgradation of weapons used by police personnel. However, in the case of
Manipur it has not been followed, he maintained.
He said HRI
had filed an RTI to find out whether the directives issued by the Supreme Court
in the matter of State of Gujarat vs Kishanbhai Etc., (2014) 5SCC 108 is being
followed by the State Home Department.
It may be
mentioned here that the Ministry of Home Affairs had instructed the State Home
Department in 2014 to follow the directives issued by the apex court in the
above mentioned case.
He said at
first the State government tried to furnish the information being sought by the
RTI, however, denied later stating that “the Manipur Police Department is
exempted from the purview of RTI Act, 2005 as per Manipur Government
Notification 11/4/2005-AR dated 15.10.2005 and corrigendum of even No dated
25.10.2005 and hence it is regretted to inform you that your request cannot be
entertained.”
He said the
matter was taken up to Manipur Information Commission (MIC) following which the
Commission asked the appellant to provide a verifiable proof of the case.
‘’First of
all it was wrong from the MIC side to ask for a verifiable proof of the case
because it is mentioned in the RTI Act that matters relating to suspicion of
human rights violation and corruption the information seeks should be provided
even if there is exemption,’’ he said.
However as
asked by the MIC we provided a verifiable proof to them after which the
Commission directed the SPIO/Home Department to provide the information sought
by the appellant free of charge within 45 days from the date of receipt of this
order, he claimed.
The order was
signed on November 16 last according to the copy of the order provided to media
persons.
“Now what we
want is the information we are seeking as directed by the MIC,” he said.
He demanded
Deputy Chief Minister Gaikhangam who also holds the Home portfolio to maintain
transparency and accountability in the Home Department.
“We also
demanded removal of the ‘exemption tag’ given to Manipur Police Department
while seeking information through RTI as such rule is not there in other
States,” he said.
“Because we
are living in a very advance stage of human civilization where we should be
able to file an FIR online and also information/details about the inmates
lodged in the jail are provided online/website in other States to maintain
transparency and accountability,” he observed.
He said as
the police and jail departments are very important departments for promotion
and protection of human rights, HRI is not happy with the exemption from the
purview of RTI Act, 2015 of these two departments.
There should
be transparency and accountability in the eye of the public, he said, demanding
the State government to remove the RTI exemption of these two departments.
He said in
regards to the directives given by the Supreme Court in the case of Writ
Petition (Civil) 310 of 1996: Prakash Singh & Ors Vs Union of India and Ors
(22/09/2006), the State government had submitted an affidavit to the court,
claiming that they follow the directives when the truth is the opposite.
Admitting
that transferring police officers before one year time is quite common in the
State of Manipur, he pointed out that frequent change of investigating officer
is one major factor of not being able to file charge sheet on time in many
cases.
He noted that
police have an important key role in right to access to justice but they have
failed to discharge their assigned duties and as such, citizens are reluctant
to approach them which led to failure of police reforms and community policing.