Delhi: Police
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The background
Solution May Lie In Devolving Some Powers To State
Manoj Mitta | TNN
New Delhi: Ever since the Delhi assembly came into existence in 1993, both Congres and BJP have been clamouring for full statehood for the national capital. Arvind Kejriwal’s dharna and his partial success on Tuesday in pushing the Centre to yield to some of his demands against the police have served to highlight a constitutional anomaly about Delhi.
In their political rhetoric, Congres, BJP and AAP all agree on doing away with the anomaly of Delhi Police being outside the administrative control of the capital’s elected government.
This lacuna in the jurisdiction of the national capital’s government is why Delhi is not considered a state despite having an assembly and a CM. The stalemate has remained unresolved despite different models available in other national capitals to balance democratic and security exigencies (see graphic).
Unlike its counterparts in states, the Delhi assembly is barred by Article 239AA(3)(a) of the Constitution from making laws on three of the 66 state list entries. The three subjects that do not apply to the Delhi assembly — and therefore the Delhi government — are Entries 1, 2 and 18 dealing with public order, police and land.
The sensitivity of the situation can be gauged from the fact that even when the NDA government made an abortive bid in 2003 to confer statehood on Delhi, the Bill introduced by L K Advani steered clear of Entries 1 and 2 that deal with the city’s security.
As a corollary, the Delhi Police commissioner reports to the Lt Governor, who in turn discharges functions relating to public order and police with Union home ministry’s concurrence. This means that when there is a law and order breakdown, the Delhi CM can only demand action against errant police officials, as Kejriwal did through his dharna. However grave the provocation, the CM cannot suspend or transfer any policeman.
Tthe peculiarity of Delhi is evident from the special exemption enjoyed by Lutyens Delhi, the seat of India’s government, from the constitutional obligation of having an elected municipality. In this prime area where Kejriwal held his dharna and which constitutes 3% of Delhi, the centre owns most of the land and 80% of buildings. Hence, the conventional pattern of representative local self-government was found unworkable. The New Delhi Municipal Council is essentially nominated by the Union government.
The larger context in which the Delhi government took to the streets was the failure across the country to implement the 2006 SC judgment mandating reforms to insulate police from illegal political interference and to make them accountable to independent watchdog bodies. While most states have disregarded the verdict, the Centre has not so far enacted a fresh law which would have introduced police reforms in Delhi. This is despite a model Bill proposed by the Soli Sorabjee Committee in 2006.
Control of Delhi Police
History: how Delhi city lost control over its police
Centre firmed its grip on cops with orders, not laws
Abhinav Garg TNN
Before 1947, Delhi Police was a part of Punjab Police
In 1948, it got an IGP — D W Mehra
The post of commissioner of police was instituted in 1978. J N Chaturvedi was the first CP
Earlier, the IGP reported to the Delhi chief secretary. Now, the CP reports to the lieutenant governor of National Capital Territory
The reporting structure of Delhi Police is complex. MHA exercises overarching control But the Union home secretary and LG jointly supervise the force
Arvind Kejriwal is not the first chief minister of Delhi to demand the state’s control over its police. The Centre’s first move to take away much of the city’s influence over Delhi Police in 1996 drew noisy protests from the BJP government at the time. The Sheila Dikshit government was also vociferous in demanding control over the 85,000-strong force but meekly submitted to the Centre’s 2011 decision to deprive it of all remaining powers. TOI traces the history of this ‘takeover’ through a trail of documents accessed from the Delhi government.
The papers show that until 2011, the lieutenant governor and the city government’s finance department had a say in police’s budgetary allocation. But in early 2011, the home ministry unilaterally attached police’s budget to its grants. It also blamed the state’s public works department (PWD) for dragging projects and ordered that a PSU like NBCC be awarded police-related construction work. The ministry took these decisions unilaterally through executive orders, without much discussion with the local government and the Centre.
Early in 1996, the MHA had taken away Delhi Police’s budget from the city government and laid down modalities for its separate accounting. It reshuffled existing arrangements by making Delhi administration’s accountants—maintaining Delhi Police accounts—report to it. The state government responded with a note. Principal secretary (finance), P S Baidwan, pushed for keeping Delhi government’s stake in finalizing the police budget saying it is “essential to monitor the expenditure and also it will help in scrutinizing various proposals in their proper perspective”. He pointed out that Delhi Police was not created under powers conferred in the ‘union’ list of subjects, unlike CRPF or BSF, but owed its existence to a schedule in the ‘state’ list, and hence should not be controlled by MHA. The correct constitutional position, he said, would be “for MHA to provide funds to the LG to administer the reserved items within his delegated powers”.
The note prompted then chief secretary P V Jaikrishnan to issue an office order in September 1996 forming a ‘standing finance committee’ with the police commissioner and the finance secretary as members for Delhi Police’s budget, maintaining the Delhi administration’s influence in police affairs. The matter was given a quiet burial with MHA acknowledging Jaikrishnan’s order.
For the next 15 years, the tenuous arrangement held firm, with the LG and Delhi government both having a say in police proposals, expenditure, modernization plans, etc. However, in July 2011 the MHA brought police’s pay and accounts under its chief controller of accounts. Delhi’s finance department again protested and sought a review but MHA succeeded in gaining full control. In a meeting chaired by then joint secretary (UT) K K Pathak, the ministry conveyed to the state government its decision to take control of the police budget.
By April 2012, the MHA ended Delhi government’s remaining influence. The state would no longer approve police modernization projects nor sanction money for them. Instead, MHA would be the sole arbiter for technical and administrative approvals.
Delhi’s cabinet minister Manish Sisodia accused the Centre of systematically conspiring to take full control of Delhi Police in the past 2-3 years. “Despite being included in the state list, Delhi Police has been taken over by MHA. For this, an amendment in the Constitution of India is required but it has been effected by executive orders by joint secretary-level officers. The illegality was possible because there were Congres governments at the Centre and in Delhi. We demand a new Delhi Police Act to place police under the state government’s full control,”
Law and order
New Delhi Law and order Reserve Force/ 2018
Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: The Times of India
From: Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: The Times of India
Force Pressed Into Action For First Time During AAP Stir
Taking a cue from police forces of western countries, Delhi Police has created a special team for crowd control. The New Delhi Law and Order Reserve Force was tested for the first time after its recent formation during the protest by Aam Aadmi Party.
Young policemen from different stations in the capital have been posted to the new unit to act when law and order deteriorates during demonstrations, said Madhur Verma, DCP (New Delhi). The creation of such a special unit was necessitated by the almost daily protests in Lutyens' Delhi, which houses important government buildings and important institutions.
“Organisations frequently hold protests without acquiring permissions from us,” observed a police officer. “In many cases, the crowd goes out of control and enter government offices and public institutions such as Vigyan Bhawan and Shastri Bhawan.” He said that the crowd control unit will work to deter people from resorting to hooliganism.
Till now the practice was to call in reserves from all police stations to implement mob control measures. After deciding to create a permanent team for the purpose, such personnel were given special courses and training in anti-rioting and crowd management operations. So far, around 100 policemen aged 25-35 have been inducted into the new unit, which is based in the New Delhi district lines.
Each member, deployed on a six-month deputation, will be equipped with lightweight body armour, technical gear and canes. “These items were specially procured for the Law and Order Force. They have been kept light in consideration of the long duration the cops might have be at their posts,” said an officer, exuding optimism that the mere presence of a team of young cops with body armour and canes will act as a deterrence against hooliganism.
For easy mobility, the cops have been given motorcycles and buses with GPS system so their location can be monitored in real time by the control room team. The tests have revealed that the unit can reach any spot in Lutyens’ Delhi perimeter in five to eight minutes.
The standard operating procedure requires any police station experiencing deterioration in law and order to make a request for the special unit, which will be directed then to help the local police. Senior officers said they were contemplating an increase in the reserve force’s troop strength. A proposal to create similar units for other areas of the capital is also being considered.
Law and order zones
Delhi
2016: Delhi has 2 law and order zones under 3 officers
The Times of India, Feb 04 2016
Rajshekhar Jha
Call it a way to improve enforcement in Delhi or a clever manoeuvre by outgoing Delhi police commissioner B S Bassi, but Delhi has now been divided into two law and order zones under the stewardship of three officers. Two officers of special commissioner rank will have charge of each area and both will report to a third special commissioner, who will, therefore, be the overall law and order chief of the capital. Bassi, who has less than a month till superannuation, gave details of the new arrangement on Wednesday after a two-hour meeting with the officers selected for the new roles. Sources said that S N Shrivastava and Amulya Patnaik, both of them special commissioners (ADG scale), were informed about their new responsibilities. They will report to Deepak Mishra, special commissioner (DG scale), a 1984-batch officer.
Shrivastava will be re sponsible for the north zone, which will include central range (central and north districts), northern range (north-west and outer districts) and eastern range (east and north-east districts). Patnaik will oversee law and order in the south zone, comprising south-eastern range (south and southeast districts), south-western range (west and south-west districts) and New Delhi range (New Delhi district and railways). The law and order unit till date had Mishra at the top, assisted by the joint commissioner of the various ranges.
Both Shrivastava and Patnaik have a reputation for being no-nonsense officers. The former headed the anti-terror unit of the Delhi Police (special cell) for close to three years until his transfer to another unit recently . The latter led the vigilance unit and had infused new life into the virtually dead wing of Delhi Police.
However, a top officer said this was a “temporary arrangement“ and likely to change once the incoming police chief settles down. While admitting the step could ensure better handling of the law and order in the capital, many senior officers also said the decision appeared more to be Bassi's efforts to contain inter-force politics. “That this is a please-all decision is evident from the timing, else why wasn't this done much earlier?“ an officer commented.
Bassi had earlier triggered resentment among the top echelons when he created the post of “senior“ special commissioners to accommodate Dharmendra Kumar, Vimla Mehra and Mishra. Before the lieutenant-governor struck down the “promotions“, Kumar had been given charge of important units like special cell and crime branch, apart from traffic. Mishra was put in charge of law and order, vigilance, armed police and recruitment. The other special commissioners had been asked to report to the trio.
July 2017: Women from north-east recruited for security in Delhi
HIGHLIGHTS
The women commandos from Northeast would helm the security detail at Red Fort and India Gate
Inducted into the force as constables, they have already undergone a rigorous 10-month police training
Undergoing training by the best in the business, these 41 women commandos from Northeast may be second to none when it comes to handling a terror strike or a hostage situation. This Independence Day, these elite women cops would helm the security detail at Red Fort and India Gate, amid intelligence inputs of women Fidayeen planning to target the capital.
Right now, these women are in the middle of a four-month advance commando training at Jharoda Kalan. Inducted into the force as constables, they have already undergone a rigorous 10-month police training, which they completed with exceptionally good grades. The new commando force is the brainchild of police commissioner Amulya Patnaik.
According to special commissioner Dependra Pathak, these commandos will be posted with different units, including Parakram and SWAT. "Many of them will be posted in the anti-terror Parakram vans. As of now, there are 10 such vans and each of them has a women commando. Fifteen more vans will be inducted soon and these commandos will be deployed there too," he added.
An ACP-rank officer, O P Sharma, is heading the training programme. To cross the language barrier, an instructor from the Northeast has been roped in. "These policemen are extremely professional and dedicated towards their training. They can spring from deep sleep to action — fully armed — within a minute of an alarm being sounded. There is an amazing mix of cultures on display at the academy at present," said Sharma.
The training includes advanced hand-to-hand combat moves from Krav Maga, a form of martial art developed by the Israeli army. Most of these women had joined Delhi Police in 2016. Pressed into action, they can carry out reconnaissance, design maps and begin an assault within 10 minutes of reaching a spot. Each "hit-team" consists of a team leader, two recce officers, a communication specialist, two sharpshooters and a medic.
Each commando is armed with an AK-47 assault rifle, or an MP5 submachine gun, with at least four 30-round magazines, a Glock 17 or Glock 26 pistol, hand grenades, a wireless set, a 20-metre nylon rope, a pencil torch, a bulletproof helmet (patka for Sikhs), bulletproof jacket, flame torch, cutter and a commando dagger. Special knee and elbow pads are also worn for protection during stealth attacks. The commandos also learn warfare techniques, such as identifying improvised explosive devices.
These commandos are best equipped to handle crises in the capital as their training and combat skills are Delhi-centric — from climbing multi-storey buildings within seconds to rescuing hostages from a room located in the core of a hotel, or a DTC bus or the Metro.
Naib courts
HC: Reshuffle naib courts every 3 years
HC tells police to reshuffle naib courts every 3 yrs
New Delhi The Delhi high court has asked Delhi Police to reshuffle naib courts every three years. A naib court is a policeman who acts as the link between the local police station, jail authorities and the court concerned having the jurisdiction of a particular area. They function in close coordination with the prosecution and under supervision of the local DCP . They are mostly of the rank of constable or head constable.
From maintaining a register of summons issued or directions given to police officials connected to a case to ensuring compliance of the orders by the police, a naib court is an important cog in the wheel of justice delivery and is attached to the Prosecution Branch in each court complex where criminal cases are heard.
A recent missive sent to police commissioner Amulya Patnaik by the HC administration under instructions from acting Chief Justice Gita Mittal, said that “continuous and long postings“ of naib courts in the same court give an impression of a “nexus.“
The letter, sent by RG Dinesh Sharma informs the CP that “High Court of Delhi is in receipt of lot of complaints that there is unhealthy practice of continuous postings of particular naib courts in the same courts or with the same judicial officers for long durations.“ The RG's letter further adds that in order to “inspire confidence of litigants and lawyers, Honorable Acting Chief Justice has been pleased to direct that a naib court may not be posted in the same court same court complex and with the same judicial officer for more than one tenure.“
It clarified that by one tenure, the court administration means a period not exceeding three years under any circumstances.
Until now, the police brass posted naib courts to prosecution branch of a court complex from where they are attached to individual courts.
Police stations
Kirti Nagar: rated best in 2017
The Times of India, Feb 16 2017
Next time you are in or around Kirti Nagar in west Delhi and want to have coffee or need to use WiFi, you may want to head to the area police station. Strange as it may sound, it's true. Call it the outcome of its state-of-the-art infrastructure or friendly policemen, the Kirti Nagar station tops the list for facilities, functioning and environment in Delhi, a department survey has found.
After a long and exhaustive evaluation lasting a month, a Delhi Police committee, headed by special-commissionerrank officers, has selected Kirti Nagar police station as the best in the capital, sources say . On Thursday , the police station chief and other senior officers will be felicitated by MoS (home) at the 70th Raising Day celebrations. The results will be announced there.
The police station comes under the jurisdiction of P Kamraj, special commissioner (law and order) of south zone, and joint commissioner Dependra Pathak. The area DCP is Vijay Kumar and the station house officer (SHO) who has worked on the ground for bringing about change is Anil Sharma. From its reception to the lock-ups, it has set an example for other police stations in Delhi, which often come under criticism for being unfriendly .Soon after taking charge as police chief, Amulya Patnaik had made it clear that policemen needed to give priority to the people.
This police station allows free WiFi for all visitors who just have to register their ID at the front desk. It also has a cafeteria where eatables are available on subsidised rates for policemen as well as the public. Moreover, the station has a website of its own (http:www.pskirtinagar.com), which the area residents and businessmen can use to approach the police for help. People can download various verification forms (like those for tenants or helps) from the website, apart from lodging complaints with the area SHO.
The committee gave the station maximum points on patrolling, discipline and cle anliness. Purified water facility, clean washrooms and proper seating arrangements for visitors are other points where the Kirti Nagar station scored highly . Water and coffee dispensers, newspaper and security-related literature have also been placed in the visitors' room. Apart from an indoor games room, the police station has a badminton court for policemen as well.
2018: 50 stations on porta-cabins or rented buildings
From: Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: The Times of India
See graphic:
Police Stations in Delhi, some facts, January 2018
Are Operating Out Of Rented Properties Or Porta-Cabins
In sharp contrast to Kirti Nagar police station, which figured among the top 10 facilities in the country, 50 police stations in the capital are operating out of either rented properties or porta-cabins on private land.
According to the Delhi Police data, while 13 police stations have been running from rented premises, the others are operating out of porta-cabins on private land. Most of these are located in Rohini, southwest, northeast and outer Delhi, while central and south Delhi has one each.
For all these stations, requests have been sent to the land-owning agencies for centrally located plots. In 2017, cops took possession of three plots from the government and sanctioned construction, while eight buildings were completed.
In Karawal Nagar, an adjoining plot has been rented to keep impounded vehicles but even that is getting full. The main stretch connecting the road is so damaged that underground sewer lines overflow during the monsoon, forcing cops to take longer routes even during emergencies.
Officers said all these stations were set up over the past decade as the colonies grew in an unplanned manner in these bordering areas. However, no space was allotted for a police station that requires 20,000 sq metres of land on average to work effectively.
At Kapashera police station in southwest Delhi, a visitors’ room has been set up in the compound and another in the backyard, using tin sheds. Officers said they recently expanded the compound to store impounded vehicles. The police vehicles are parked on the road.
The establishment at Chhawla is operated out of a rented plot that does not have enough space even for cops and seized vehicles are dumped on the road. Despite repeated requests, no action has been taken to allot it a permanent address.
“We have also been trying to get land from private agencies, but it is difficult to get such plots at government rates,” said a senior police officer. At some places, porta-cabins have been set up on private land, though these are extremely uncomfortable during summer.
Even IP Estate police station, which is at a stone’s throw from the police headquarters, operates out of a porta-cabin under a flyover and doesn’t have any parking facility. At Bindapur, cops are in a slightly better position as they will get a new building in February.
Cops at Mundka have another problem — due to lack of connectivity in the area, their landline doesn’t work, and they use a mobile phone to take emergency calls. Officers at the station said the landline had got disconnected long ago.
February 2018/ Punjabi Bagh, best police station
Punjabi Bagh best police stn, February 17, 2018: The Times of India
Punjabi Bagh was declared the best police station in Delhi, while Seelampur and K N Katju Marg secured second and third ranks in an audit conducted by Delhi Police. The results were declared in the presence of Union home minister Rajnath Singh during the 71st Raising Day parade organised at Kingsway Camp on Friday. The parameters were fixed in terms of service, people friendliness and infrastructure. While addressing Delhi Police officers during the event, Singh talked about minute details of policing. He asked Delhi Police to focus on smooth traffic flow alongside issuing challans and including people of Delhi in policing initiatives. He announced Rs 5 crore for the police martyr fund. The home minister also lauded Delhi Police for rescuing the five-year-old boy kidnapped from Shahdara.
Women police officer
2018: women DCPs in 4 of 13 districts
After reshuffle in Delhi Police, four out of the 13 districts in the capital will have women DCPs, a first for Delhi.
While the new deputy commissioner of police (DCP), Monika Bhardwaj, will be in charge of the west district, Aslam Khan, Meghna Yadav and Nupur Prasad are already heading northwest, Shahdara and north districts.
A 2009-batch officer, Khan is known to be a daredevil officer who doesn’t mince words. Coming from Rajsthan, she has never hesitated in taking on the corrupt. During her stint as the superintendent of police in the Andamans, Khan had exposed corruption in Port Blair Municipal Council and arrested at least eight government officials, including a traffic cop, for taking bribe.
Recently, Khan deposited half of her monthly salary in the account of the family of a truck driver from Jammu who was killed during a robbery bid in her jurisdiction. She also promised to bear all educational expenses of his children. Her husband, Pankaj Singh, is heading the east district in Delhi.
Bhardwaj, a 2009-batch officer from Rohtak in Haryana, has served in units like the police control room (PCR) and as additional DCP in west and southwest districts. The soft-spoken Bhardwaj is known for her honesty and righteousness. Her colleagues say she is closely involved in the operations and has a nose for minute details. Fairly active on Twitter, she regularly posts updates about her area.
Prasad, a JNU alumnus who comes from Bihar, is a 2007-batch officer who was the DCP of Shahdara district before taking charge of the north district. An officer who has closely worked with Prasad described her as having unshakeable integrity and composure. “She has unflinching support for subordinates and is a straight talker,” the officer said.
Yadav, from Delhi, is also a 2007-batch officer who will head a district for the first time. Known for being an action-oriented officer, she and her team, during her stint in Daman, had exposed an extortion racket involving IPS and other police officials of the department and arrested them. In 2012, she had made headlines after she wrote to the Delhi high court to protest against ill-treatment allegedly meted out to her by a judicial officer. Yadav’s husband, Seju Kuruvilla, is the DCP of outer district in Delhi. Police commissioner Amulya Patnaik has also posted officers like Esha Pandey as DCP in the special police unit for women and children, Varsha Sharma as DCP in the economic offences wing and Geeta Rani Verma as DCP in the traffic unit.
