Capital punishment: India, Delhi: Police

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[[File: Executions in India, 2004-13.jpg| Executions in India, 2004-13; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=30_07_2015_014_025_006&type=P&artUrl=Give-justice-to-riot-victims-too-30072015014025&eid=31808 ''The Times of India''], July 30, 2015|frame|500px]]
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[[File: Delhi Police, i) Number of employees; ii) IPC crimes registered, 2012-15.jpg|Delhi Police: i) Number of employees; ii) IPC crimes registered, 2012-15; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=22_01_2016_008_025_007&type=P&artUrl=HC-asked-Delhi-Police-to-fill-14000-vacancies-22012016008025&eid=31808 ''The Times of India''], January 22, 2016|frame|500px]]
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[[File: Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016.jpg| Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=28_01_2016_002_030_008&type=P&artUrl=On-Twitter-Delhi-cops-losing-battle-of-wits-28012016002030&eid=31808 ''The Times of India''], January 28, 2016|frame|500px]]  
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=Legal provisions=
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=The background=
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==Section 364A of the Indian Penal Code==
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''' Solution May Lie In Devolving Some Powers To State '''
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===Sec 364A: Too harsh a provision?===
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TIMES NEWS NETWORK 2013/07/05
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Manoj Mitta | TNN
  
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2013/07/05&PageLabel=16&EntityId=Ar01600&ViewMode=HTML The Times of India]
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=11&EntityId=Ar01100&ViewMode=HTML The Times of India]
  
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New Delhi: The Supreme Court had laid down the “rarest of rare” criteria for courts to award death penalty only in select heinous and gruesome murder cases.  
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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.  
  
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In this background, can Parliament enact a law providing for mandatory death penalty for those found guilty of murdering a person after kidnapping him to demand ransom? Would this not amount to pushing every offence of kidnap for ransom involving murder of the victim into ‘rarest of rare’ category without a judicial determination to that effect?
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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.
  
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This question was framed by Justices T S Thakur and S J Mukhopadhaya while referring to a petition challenging the constitutional validity of Section 364A of Indian Penal Code, which imposes mandatory death penalty in kidnap for ransom involving murder of the kidnapped.  
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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).  
  
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The petition was filed by one Vikram Singh, who was convicted under Sections 302 (murder) and 364A of the IPC and awarded death penalty on both counts. The apex court had upheld his conviction and sentence.  
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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.  
  
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But in his petition before the Supreme Court, his counsel D K Garg argued that if the court came to the conclusion that punishment provided under Section 364A of IPC was unconstitutional, then a lenient view could be taken on the death penalty awarded to his client under Section 302.  
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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.  
  
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He argued that Section 364A made even a first time offender liable to be punished with death, which was too harsh to be considered just and appropriate.  
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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.  
  
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Appearing for the Union government, additional solicitor general Sidharth Luthra argued, “It is within the legislative competence of Parliament to provide remedies and prescribe punishment for different offences depending upon the nature and gravity of such offences and the societal expectation for weeding out ills that afflict or jeopardize the lives of citizens and the security and safety of vulnerable sections of the society, especially children who are prone to kidnapping for ransom and being brutally killed if their parents are unable to pay the ransom amount.  
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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.  
  
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“The provisions of Section 364A are not only intended to deal with cases of kidnapping for ransom involving murder of victim but also cases in which terrorists and other extremist organizations resort to kidnapping for ransom or to such other acts only to coerce the government to do or not to do something.”
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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.  
  
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The court agreed with Luthra that the petitioner had not questioned the competence of Parliament in enacting the law and said the petitioner challenged it only on the ground of harshness.
 
  
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“The questions (asked by the petitioner) may require an authoritative answer... The peculiar situation in which the case arises and the grounds on which the provisions of Section 364A are assailed persuade us to the view that this case ought to go before a larger bench of three judges for hearing and disposal.”
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==Control of Delhi Police==
  
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=Statistics, year-wise=
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===History: how Delhi city lost control over its police===
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==1991-2015: 15% of hanged since 1991 were Muslims==
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''' Centre firmed its grip on cops with orders, not laws '''  
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Just-4-of-26-hanged-since-91-Muslims-11082015011033 ''The Times of India''], Aug 11 2015
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Himanshi Dhawan
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Abhinav Garg TNN
  
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''' `Just 4 of 26 hanged since '91 Muslims' '''
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=5&EntityId=Ar00500&ViewMode=HTML The Times of India]
  
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Just four of the 26 persons executed in India since 1991 belonged to the Muslim community , and yet a perception has been created by some media channels in the aftermath of the hanging of Yakub Memon that members of the minority community are being targeted, said government sources.
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2014/01/22&PageLabel=11&EntityId=Ar01103&ViewMode=HTML The Times of India]
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An internal report by the I&B ministry has taken exception to the “tenor of discussion'' in the four channels -Aaj Tak, ABP News, NDTV India and NDTV 24X7 -and argued it was a “serious threat to national security'' and had “sown seeds of distrust between communities.'' The common thread in their reporting was that Supreme Court had been unfair to Memon.
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The ministry feels that, at the very least, an explanation should be demanded from these channels.“Repeated examples of the death sentence of Beant Singh being commuted are being cited. Truth is both of them are on death row.Similarly in the Rajiv Gandhi assassination case, it was the Congress government that delayed consideration of the mercy petition that led to SC converting their death sentence to life imprisonment,'' said a source who had reviewed the report.
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Before 1947, Delhi Police was a part of Punjab Police
  
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The channels have been charged with telecasting content that was denigrating to the President, judiciary , could incite violence and against national security . The ministry has prepared grounds for justifying their action against the channels pointing out that two Hindi channels broadcast wanted gangster Chhota Shakeel's interview without editing out comments that clearly suggested unleashing of communal violence and made disparaging comments on the judiciary.
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In 1948, it got an ''' IGP ''' — D W Mehra
  
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“The world has seen what you did with Yakub Memon... We don't believe in your judiciary. This was justice based on revenge.You people took revenge from one person...'' Chhota Shakeel told Aaj Tak.And he told ABP News: “The world has seen how you have executed an innocent man... After Babri Masjid people had taken action and many things had happened. For every action, there is a reaction... there are many people besides us (who can take action).'' The anchor on NDTV India described the order to hang Memon as “unfortunate'' and said that the courts only found merit in the prosecution's case while NDTV 24X7 in an interview of lawyer Majeed Memon broadcast remarks against the Indian judicial system. Memon was quoted commenting on the pardon given to accused Usmann Jaan Khan saying, “If you show this pardon to any person outside India, UK authorities or US authorities or the best brains in the world as far as criminal law is concerned, they will laugh at you. They will laugh at you; they'll say is this justice? Usmaan Jaan Khan has played a role in this whole operation 10 times more than Yakub.'' The ministry has also pointed out that former Congress minister Manish Tewari's claim that no notices were issued under UPA government was incorrect.
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The post of ''' commissioner of police ''' was instituted in 1978. J N Chaturvedi was the first CP
  
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==2000-15: number of executions==
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Earlier, the IGP reported to the Delhi chief secretary. Now, the CP reports to the lieutenant governor of National Capital Territory
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Death-penalty-cannot-be-arbitrarily-imposed-Expert-21072015015027 ''The Times of India''], Jul 21 2015
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Pradeep Thakur & Himanshi Dhawan
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The reporting structure of Delhi Police is complex. MHA exercises overarching control But the Union home secretary and LG jointly supervise the force
  
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''' Death penalty cannot be arbitrarily imposed: Expert '''
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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.
  
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Of the over 1,600 convicts awarded the death penalty in the last 15 years, the Supreme Court confirmed the sentence in only 5% of cases while the rest were either acquitted or the sentence commuted to life.
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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.  
  
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A recent study by the National Law University that has researched death row convicts since 2000 has found that of the 1,617 prisoners sentenced to death by trial courts, the punishment was confirmed in only 71 cases. While 22 convicts were acquitted, in the case of 115, it was commuted to life.No wonder voices against the death penalty are growing.Roger Hood, professor of criminology at Oxford University and a renowned advocate of abolition of death penalty , has told the Law Commission in a consultation that “capital punishment is not an option for India as there were very few convictions, and most were wrong“.
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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
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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”.  
  
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Hood has said India is violating Article 6(1) of International Covenant on Civil and Political Rights (ICCPR), the UN human rights charter, according to which `no death penalty can be arbitrarily imposed'. An opportunity of reformation after long retention must be given to the accused which is one of the rights according to ICCPR, he said. “Failure to provide judicial support may lead to crimes but there is no proof that death penalty helped in deterring crimes,“ Hood said. He was invited by the Law Commission last week for a consultation on capital punishment.Legal experts, social thinkers and politicians were part of the day-long deliberations in the capital on July 11.
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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.  
  
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Making a strong case for abolition of death penalty , Law Commission chairman Justice A P Shah said about two-thirds of the world has abolished death penalty and “it is time we revisited our stand“. There were six politicians who were part of the consultation process, in cluding Varun Gandhi of BJP, Kanimozhi of DMK Shashi Tharoor and Manish Tewari of Congress, who advocated abolition of death penalty.
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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
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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.  
  
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Wajahat Habibullah, ex chief of National Commission for Minorities, said he had personal confrontation with terrorism, and still felt that death penalty was not the way to deal with terrorism. “We won the Independence struggle through the principles of `ahimsa', so we must follow it also,“ he said.
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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.  
  
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Senior advocate Prashant Bhushan blamed the trial courts for arbitrary and irresponsible judgments on death sentences. “Death penalty is a form of retribution and violence by the state. It promotes a lynch mob mentality and is not a significant deterrent for people. There is always a chance that the judicial system might go wrong,“ he said.
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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,”
  
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Suhas Chakma of the Asian Centre for Human Rights blamed executions by the state as `politically motivated'. “The fact that few sentences have been confirmed by the high courts and even fewer by the Supreme Court in comparison to the number of cases reported in the NCRB, shows that death penalty has no impact and it has no use,“ he said.
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=Language used in FIRs=
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==HC questions continued use of Urdu, Persian words==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F08%2F08&entity=Ar01014&sk=1A4E0095&mode=text  August 8, 2019: ''The Times of India'']
  
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==2009-13: Judicial executions, state-wise==
 
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'''See graphic''': ''Death sentences, India, state-wise, 2009-13''
 
  
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[[File: Death sentences, India, state-wise, 2009-13.jpg|Death sentences, India, state-wise, 2009-13; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=05_08_2015_009_012_003&type=P&artUrl=STATOISTICS-LIFE-ON-DEATH-ROW-05082015009012&eid=31808 ''The Times of India''], August 5, 2015|frame|500px]]
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HC asks why cops still use Urdu, Persian words
  
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==2011-13, number of executions==
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New Delhi:
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Death-penalty-given-to-339-during-2011-13-12082015011017 ''The Times of India''], Aug 12 2015
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''' Death penalty given to 339 during 2011-13, says Centre '''
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Why is Delhi Police still using Persian and Urdu words while registering FIR, Delhi high court sought to know on Wednesday. It asked Delhi Police commissioner to explain why “high sounding and bombastic” words in these languages are still in use when it becomes difficult for a common person to understand.
  
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A total of 339 convicts were awarded capital punishment during 2011-13 and five cases of mercy petitions, involving nine convicts, were pending with the President, Lok Sabha was informed.
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A bench of Chief Justice D N Patel and Justice C Hari Shankar pointed out that FIR should ideally be in the words of the complainant who has come with a grievance and too much flowery language, the meaning of which has to be discerned from a dictionary, ought not to be used.
  
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Minister of state for home Haribhai Parathibhai Chaudhary said as reported by the National Crime Records Bureau, a total of 117, 97 and 125 inmates were awarded capital punishment in 2011, 2012 and 2013 respectively .
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“Too much flowery language should not be used. FIR should be in the words of the complainant. Police is there for public at large and not just for persons with doctorate degree in Urdu or Persian. Simple language should be used, instead of high sounding words. People have to know what is written. It is applicable to use of English also. Don’t use bombastic language,” the bench remarked, while seeking the stand of the police chief on the matter.
  
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“As per available records, there are five cases of mercy petitions, involving nine convicts, pending under Article 72 of the Constitution of India,“ he said replying a written question.
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It directed the police commissioner to file an affidavit explaining why Urdu or Persian words are still in use when complainants approaching the cops mostly use simple language to narrate their ordeal. The court listed the matter for November 25.
  
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According to the NCRB data, no one was executed in 2011 while one convict each was executed in 2012 and 2013.
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Delhi high court was hearing a PIL, by advocate Vishalakshi Goel, seeking directions to Delhi Police not to use Urdu and Persian words in FIRs, arguing that it becomes difficult for a normal citizen to understand or follow what the police have done with their complaint in case of a crime having occurred.
  
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==Find alternatives to hanging: SC to government==
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Delhi government additional standing counsel Naushad Ahmed Khan, appearing for the police, said that Urdu and Persian words used in FIRs can be understood by making a little effort. He also said that the words are used when transferring the FIR to higher authorities.
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[http://www.thehindu.com/news/national/sc-seeks-centres-response-on-plea-against-mode-of-execution/article19807630.ece The Hindu]
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Find alternatives to death by hanging, SC tells govt.
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In a separate PIL raising similar concerns, Delhi Police had, a few years ago, defended the usage of words such as zaabta (law), majroob (injured), imroz (today), etc, arguing that due to long and continuous usage in police documents, the public has become familiar with these.
  
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Krishnadas Rajagopal
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Delhi Police had also argued that if it switched to Hindi, it would create fresh difficulties for the force and the layman.
  
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Death convicts should die in peace and not in pain, it says.
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===2019===
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F27&entity=Ar00510&sk=4292934A&mode=text  Aamir Khan2, Nov 27, 2019: ''The Times of India'']
  
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Why can’t hanging as a means of causing death of condemned prisoners stop?
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[[File: Urdu, Persian words in FIRs.jpg|Urdu, Persian words in FIRs <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F27&entity=Ar00510&sk=4292934A&mode=text  Aamir Khan2, Nov 27, 2019: ''The Times of India'']|frame|500px]]
  
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This query was put to the government by the Supreme Court on Friday.
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FIRs should be in the simplest language possible, Delhi high court has said while directing Delhi Police to present 100 FIRs from different police stations in the national capital to see if cops were refraining from using “complicated” Urdu and Persian words.
  
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The condemned should die in peace and not in pain. A human being is entitled to dignity even in death, the court observed.
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A bench of Chief Justice D N Patel and Justice C Hari Shankar have passed the direction pursuant to a circular issued by the DCP (legal cell), Delhi Police, asking all police officers to refrain from using “archaic Urdu/Persian” words. “Urdu/Persian words are being used mechanically by cops without knowing the meaning and proper application of mind,” the bench noted.
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The court stressed that there was no need for police to show their knowledge of Urdu and Persian words.
  
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The government should look to the “dynamic progress” made in modern science to adopt painless methods of causing death.
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Delhi Police’s list contained 383 terms in Urdu or Persian with their translation in Hindi and English. Referring to the list, the court emphasised that public, at large, may not be able to understand all these Urdu or Persian words. As a result, it asked for the list to be given along with the FIR to a person seeking the FIR copy. The list, it added, may not be “exhaustive” as there can be other similar Urdu and Persian words being used in FIRs which are not mentioned in it. “The practice of using these words in the FIR ought to be stopped by police,” the bench directed.
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Referring to the Code of Criminal Procedure, 1973, the bench said FIR was the “most vital document” prepared by police for it set the process of criminal justice in motion.
  
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A Bench led by Chief Justice of India Dipak Misra issued notice to the government and ordered it to respond to the issue in the next three weeks.
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“In fact the copy of the FIR is required to be sent to the magistrate immediately as it is an immediate version of the narration of the whole offence. In court, the FIR is required to be read time and again, hence, it should be in a simple language or it should be in the language of a person who has approached police to lodge an FIR,” the judges noted.
  
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“Legislature can think of some other means by which a convict, who under law has to face death sentence, should die in peace and not in pain. It has been said since centuries that nothing can be equated with painless death,” Chief Justice Misra observed in the order.
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A PIL had challenged the usage of Urdu or Persian words in FIRs on the ground of inconvenience for general public. Pursuant to a court order on August 7, 2019, Delhi Police issued a circular to its officers to “evade using archaic Urdu/Persian words” and come out with the list. High court now wants to know if the circular is being followed by subordinate officers in “letter and spirit”. It said, “Minimum 100 copies of FIRs should be presented before the court on the next date of hearing.”
  
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The court clarified that it was not questioning the constitutionality of the death penalty, which has been well settled by the apex court, including in the Bachan Singh case reported in 1983.
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The court said Section 354 — which mandates death by hanging — of the Code of Criminal Procedure has already been upheld.
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=Law and order=
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==New Delhi Law and order Reserve Force/ 2018==
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[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F20&entity=Ar01315&sk=5BA092BD&mode=text  Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: ''The Times of India'']
  
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However, the provision of hanging to death may be re-considered as “the Constitution of India is an organic and compassionate document which recognises the sanctity of flexibility of law as situations change with the flux of time.”
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[[File: The New Delhi Law and order Reserve Force.jpg|The New Delhi Law and order Reserve Force <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F20&entity=Ar01315&sk=5BA092BD&mode=text  Sidharth Bhardwaj, Elite team to ward off trouble during protests, June 20, 2018: ''The Times of India'']|frame|500px]]
  
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The fundamental right to life and dignity enshrined under Article 21 of the Constitution also means the right to die with dignity, the court said.
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''Force Pressed Into Action For First Time During AAP Stir''
  
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The order comes on a writ petition filed by Delhi High Court lawyer Rishi Malhotra, who sought the court’s intervention to reduce the suffering of condemned prisoners at the time of death. Mr. Malhotra said a convict should not be compelled to suffer at the time of termination of his or her life. “When a man is hanged to death, his dignity is destroyed,” he submitted.
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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.
  
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During the hearing, Justice D.Y. Chandrachud, one of the three judges on the Bench along with Justice A.M. Khanwilkar, pointed out that in the U.S. a prisoner suffers for almost 45 minutes before his death by lethal injection.
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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.
  
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=Role of economy in capital punishment=
+
“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.
−
==Rich-poor divide==
+
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Heres-proof-that-poor-get-gallows-rich-mostly-21072015001032 ''The Times of India''], Jul 21 2015
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[[File: Rich-poor divide, capital punishment.jpg|Rich-poor divide, capital punishment; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Heres-proof-that-poor-get-gallows-rich-mostly-21072015001032 ''The Times of India''], Jul 21 2015|frame|500px]]
+
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Pradeep Thakur & Himanshi Dhawan
+
  
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''' Here's proof that poor get gallows, rich mostly escape '''
+
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.
  
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'' Disadvantaged often can't pay for good lawyers ''
+
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.
  
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The fact that our legal system is skewed against the poor and marginalized is well known. And to that extent, it's only expected that they get harsher punishment than the rich. But here are figures that tell the full story.
+
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.
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A first of its kind study , which has analysed data from interviews with 373 death row convicts over a 15-year period, has found three-fourths of those given the death penalty belonged to backward classes and religious minorities; an equal proportion were from economically weaker sections. The reason why the poor, Dalits and those from the backward castes get a rougher treatment from our courts is more often than not their inability to find a com petent lawyer to contest their conviction. As many as 93.5% of those sentenced to death for terror offences are Dalits or religious minorities.
+
  
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The findings are part of a study conducted by National Law University students with the help of Law Commission that is engaged in a wider consultation with different stakeholders on the issue of death penalty and whether it should be abolished. Law panel chairman Justice A P Shah, himself a strong proponent of abo lition of death penalty , is to submit a final report to the Supreme Court by next month.
+
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.
  
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Senior advocate Prashant Bhushan said: “It is true that there is a class bias, otherwise why would we have so many people languishing in jail because they cannot afford a lawyer to get bail?“ He said only 1% of the people can afford a competent lawyer. Afzal Guru hardly had any legal representation at the trial court stage, he added.
+
==Law and order zones==
 +
===Delhi===
 +
====2016: Delhi has 2 law and order zones under 3 officers====
  
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Founder of Human Rights Law Network and senior advocate Colin Gonsalves says, “I think the finding that 75% of the death row convicts are poor is the absolute minimum. The rich mostly get away while the very poor, especially Dalits and tribals, get the short shrift.“
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LAW-ORDER-Capital-change-3-bosses-for-two-04022016004014 ''The Times of India''], Feb 04 2016
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[[File: The zones that Delhi was divided into for policing purposes in 2016.jpg| The zones that Delhi was divided into for policing purposes in 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LAW-ORDER-Capital-change-3-bosses-for-two-04022016004014 ''The Times of India''], Feb 04 2016|frame|500px]]
  
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The NLU students have interviewed all the death sentence convicts and have documented their socio-economic background. The psychological torture these prisoners face before they are hanged are some of the observations in the study . Prisoners on death row are not allowed to attend court proceedings most of the time.
+
Rajshekhar Jha
  
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=Crime and capital punishment=
+
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.
−
== Rape- murder and capital punishment==
+
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.
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LEGALLY-SPEAKING-Rape-murder-Hard-to-say-which-08052017012008  Dhananjay Mahapatra, LEGALLY SPEAKING - Rape-murder: Hard to say which case'll lead to noose, May 8, 2017: The Times of India]
+
  
−
Rape and murder of 23 year-old paramedic Nirbhaya on December 16, 2012 had sparked unprecedented national outrage.Deep internal wounds caused by wolves of lust snuffed out her life 13 days later in Singapore, where she was shifted for emergency treatment.
+
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.
  
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The Supreme Court termed the crime “brutal, barbaric and diabolic“ to award death penalty to all four adult accused. Thunderous applause followed the unanimous decision of Justices Dipak Misra, R Banumathi and Ashok Bhushan. Members of society , who had defied prohibitory orders on cold December nights of 2012 to hold candle-light marches in the capital, clapped in approval.
+
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.
  
−
Did the SC show similar sensitivity in the last two decades for society's cry for justice in even more shocking rape-cum-murder cases involving extreme brutality?
+
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.
  
−
What separated the Nirbhaya case from these, which happened away from cities, was the absence of public outrage and candle-light marches.
+
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.
  
−
In the hinterland, life continues to be cheap, that of a girl child even cheaper.Rape and murder of a girl is blamed more on her destiny than the accused. Daily struggle for livelihood quickly douses the outrage, and candles are far too costly to buy and burn for the cause of a dead girl.
+
====July 2017: Women from north-east recruited for security in Delhi====
 +
[http://timesofindia.indiatimes.com/city/delhi/41-ne-women-commandos-to-man-frontline-defences-in-city/articleshow/59870596.cms  Raj Shekhar, 41 NE women commandos to man frontline defences in Delhi , Aug 2, 2017: The Times of India]
  
−
''' Is award of death penalty dependent on an individual judge's sensitivity and volatility of his judicial conscience? '''  
+
''' 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
 +
  
−
In February 1999, a bench of Justices G B Pattanaik and S Rajendra Babu commuted death penalty to life sentence for Akhtar, who was concurrently awarded death penalty by the trial court and Allahabad HC for raping and murdering a minor girl. The logic, “The accused has committed murder of the girl neither intentionally nor with pre-meditation. The accused found a young girl alone in a lonely place, picked her up for com mitting rape; while committing rape and in the process by gagging, the girl had died. It cannot be categorised as `rarest of rare' case to justify imposition of death penalty .“
 
  
−
In December 1999, an SC bench of Justices G T Nanavati and K T Thomas in Maharashtra vs Suresh found the man guilty of kidnapping a four-year-old girl, sexually assaulting her and then murdering her. The trial court had awarded him death penalty .But the HC acquitted him.The SC said the HC had gravely erred by ignoring material evidence. But it commuted death sentence to life imprisonment saying the man was acquitted, even though erroneously , by the HC.
+
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.  
  
−
In October 2001, in Bantu vs Madhya Pradesh, Justices R C Lahoti and Ashok Bhan awarded life sentence to a man found guilty of raping and murdering an 11-year-old girl. After murdering her, he had chopped off her ankles with an axe to take her silver anklets. The parents discovered her body and severed limbs in the fields.  
+
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.  
  
−
In Sebastian vs Kerala, Justices H S Bedi and J M Panchal in October 2009 commuted death sentence to life imprisonment for a man who had kidnapped a two-year-old child, raped her and then murdered her brutally . Despite recording that the man was a known paedophile, the SC said imprisonment for entire life was just punishment.
+
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.  
  
−
In September 2013, Justices C K Prasad and Kurian Joseph in Rajasthan vs Jamil Khan found a man guilty of brutally raping and killing a five-year-old. He had packed the body in a gunny bag and left it in a train. Commuting the trial court's decision to impose death penalty, the SC awarded 24 years jail term to him.
+
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.
  
−
In February 2014, Justices B S Chauhan and M Y Eqbal found a man guilty of raping a friend's daughter and murdering her by strangulation.The girl used to call the rapist `uncle'. The SC set aside the concurrent decisions of the trial court and the HC to award death sentence and replaced it with 35 years jail term. It said, “We are of the view that in spite of the fact that the appellant has committed a heinous crime and raped an innocent, helpless and defenseless minor girl who was in his custody , he is liable to be punished severely, but it is not a case which falls within the category of `rarest of rare’.“
+
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.
  
−
Apparent lack of uniformity in awarding sentences, even in gruesome murder cases, was discussed by the SC in November 2012 in Sangeet vs State of Haryana. “In the sentencing process, both the crime and the criminal are equally important. We have, unfortunately , not taken the sentencing process as seriously as it should be with the result that in capital offences, it has become judgecentric sentencing rather than principled sentencing,“ it had said.
+
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.
  
−
It said the Bachan Singh case (1980), contrary to popular perception, did not endorse the principle of aggravating and mitigating circumstances to weigh imposition of capital punishment. “ Aggravating circumstances relate to crime while mitigating circumstances relate to criminal. A balance-sheet cannot be drawn up for comparing the two. The considerations for both are distinct and unrelated. The use of the mantra of aggravating and mitigating circumstances needs a review,“ it had said. We hope the Nirbhaya judgment will make the SC take a relook at the nuances of sentencing so as to inject uniformity .
+
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.
  
−
=Judiciary vs Parliament, the debate=
+
=Lawyers vs. the Police=  
−
==Who should debate death penalty: SC or Parliament?==
+
==1988-2019==
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LEGALLY-SPEAKING-Who-should-debate-retention-of-death-03082015011082 ''The Times of India''], Aug 03 2015
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[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F03&entity=Ar00606&sk=82AF1D2E&mode=text  Abhinav Garg, Nov 3, 2019: ''The Times of India'']
  
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Dhananjay Mahapatra
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[[File: Lawyers vs. the Delhi Police, 2014-17.jpg| Lawyers vs. the Delhi Police, 2014-17 <br/> From: [https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F11%2F03&entity=Ar00606&sk=82AF1D2E&mode=text  Abhinav Garg, Nov 3, 2019: ''The Times of India'']|frame|500px]]
  
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For the past many decades, we have witnessed a psychological and constitutional battle between two classes -those seeking abolition of death penalty and others who lean for its retention.
 
−
Yakub Abdul Razak Memon's last-gasp attempts to seek stay of his execution has brought the spotlight back on the debate between abolitionists and retentionists.
 
  
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Petitions to save Yakub from the gallows assumed a Phoenix-like character as the execution time approached.Dismissal of one was quickly followed by another. Such is the importance given to right to life by the Supreme Court that it opened its doors postmidnight and heard Yakub's plea till the crack of dawn.
+
Images and videos of policemen chasing lawyers and vehicles burning in a court complex recalled a similar incident over three decades ago. The face-off at Tis Hazari is also a reminder that not much has changed in the relations between the men in uniform and those donning black robes since the time they first clashed in 1988.
  
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The rejection of his final appeal drew the ire of activistlawyers who had virtually taken the legal battle as an all-out war against retentionists.
+
That day, Kiran Bedi, India’s first woman IPS officer and at the time a young deputy commissioner of police, had a showdown with the capital’s lawyers who had brought the courts to a halt for a prolonged period. Much like in Saturday’s case, the confrontation in 1988 had begun with a trivial argument over parking, the trigger being the arrest of the lawyer for alleged theft and of him being handcuffed.
  
−
Their sombre mood soon turned combative. Many renowned advocates who have doggedly fought for human rights for years sniped at the justice delivery system and government, saying a “lynch mob“ and “bloodlust“ attitude had resulted in a “tragic mistake by the SC“.
+
What could have easily been defused through the intervention of the police brass and the bar association turned instead into a full blown fight, in which police cane-charged the lawyers, leaving many of them injured. This infamous episode led to one of the longest strikes in the history of the Delhi Bar Association.
  
−
Till 1973, the law had given absolute discretion to the judges to choose between death penalty and life imprisonment in murder cases. Despite this, the SC had repeat edly cautioned the trial courts to exercise discretion, keeping in mind the criminal and not the crime.
+
Till date, both sides have justified their actions of that day, though the Justice D P Wadhwa Committee indicted Delhi Police and Bedi in particular even as the latter maintained the lawyers had run amok, thus inviting a strong response.
  
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In 1973, the new Criminal Procedure Code made it imperative that life imprisonment was the rule and death penalty the exception for murder convicts. It also said the judge was duty-bound to record special reasons for which heshe preferred to award death penalty instead of life term.
+
Hours after the clash, Delhi high court Chief Justice D N Patel convened a meeting of the Administrative Committee comprising seven top judges. Sources told TOI that Delhi’s additional chief secretary and the joint commissioner of Delhi Police of the area concerned were also summoned to the court. Justice Patel is learnt to have conveyed his concern over the security of lawyers and litigants in the court complex, Police apparently informed him that FIRs had been filed and investigation was under way.
  
−
The analysis of `special reason' led the SC to devise the `rarest of rare' doctrine for award of death penalty in the Bachan Singh case in 1982 while upholding the validity of capital punishment. This we will deal with a little later.
+
The clashes indicate a deeper flaw and absence of a mechanism that would allow both sides to calm their members. In 2016, several lawyers ran riot in Patiala House Courts assaulting JNU student leader Kanhaiya Kumar and journalists in sight of police. The same year a group of lawyers clashed with policemen in the Rohini court after an advocate was detained for refusing to be frisked while entering the court complex. In 2017, an SHO was allegedly assaulted by a lawyer in the Karkardooma court in relation to the latter’s earlier arrest.
  
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Even prior to the enactment of the new CrPC, a five judge SC bench in Jagmohan Singh vs state of UP (1973 AIR 947) had answered alleged arbitrariness in imposing death penalty , which the petitioner said extinguished every constitutional right of a convict, and that there was no guideline for judges in deciding which cases warranted imposition of capital sentence.
+
While senior police officers say the men on the spot are best positioned to take a call in such cases, lawyers maintain that the police brass has failed to rein in rogue elements. Perhaps it needs a decisive intervention of the bar and the bench to prevent recurrence of violence.
  
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It had said, “The exercise of judicial discretion on well-recognized principles is, in the final analysis, the safest possible safeguard for accused.“
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Seven years later, a threejudge bench headed by Justice V R Krishna Iyer dealt with a similar question in Rajendra Prasad vs State of UP (1979 AIR 916). It had cautioned against individual cases being made examples to argue either for abolition or retention.
+
=Naib courts=
 +
==HC: Reshuffle naib courts every 3 years==
  
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“Personal story of an actor in a shocking murder, if considered, may bring tears and soften the sentence. He might have been a tortured child, an ill-treated orphan, a jobless man or the convict's poverty might be responsible for the crime,“ it had said.
+
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=HC-tells-police-to-reshuffle-naib-courts-every-10072017006024 Abhinav Garg|HC tells police to reshuffle naib courts every 3 yrs|Jul 10 2017 : The Times of India (Delhi)]
  
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However, it upheld the constitutional validity of death penalty saying there could be a situation where law-breakers brutally kill law enforcers trying to discharge their function. “If they are killed by designers of murder and the law does not ex press its strong condemnation in extreme penalization, justice to those called upon to defend justice may fail. This facet of social justice also may in certain circumstances and at certain stages of societal life demand death sentence.“
+
HC tells police to reshuffle naib courts every 3 yrs
  
−
Four years later, a constitution bench by four-to-one majority upheld the validity of death penalty in Bachan Singh case on August 16, 1982. It had classified murders into two broad categories -one committed purely for private reasons and the other which “unleash a tidal wave of such intensity , gravity and magnitude, that its impact throws out of gear the even flow of life“.
+
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.
  
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It explained the stand of abolitionists. “Statistical attempts to assess the true peno logical value of capital punishment remain inconclusive.Firstly , statistics of deterred potential murderers are hard to obtain. Secondly , the approach adopted by the abolitionists is over simplified at the cost of other relevant but imponderable factors, the appreciation of which is essential to assess the true penological value of capital punishment. The number of such factors is infinitude, their character variable, duration transient and abstract formulation difficult,“ it had said.
+
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.
  
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However, it had sounded caution. “Judges should never be blood-thirsty . Hanging of murderers has never been too good for them. Facts and figures, albeit incomplete, furnished by the Union of In dia, show that in the past, courts have inflicted the extreme penalty with extreme infrequency -a fact which attests to the caution and compassion they have always brought to bear on the exercise of their discretion.“
+
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 statistics and studies in the past few decades have been woefully inadequate to help the SC arrive at a definitive opinion about the efficacy of death penalty. It is time for abolitionists to spend their energies convincing representatives of people to raise the matter in Parliament and bring an amendment to the provisions of law providing for death penalty rather than blame the judiciary for imposing the punishment in `rarest of rare' murder cases.
+
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.
  
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=Provisions before the execution=
+
Until now, the police brass posted naib courts to prosecution branch of a court complex from where they are attached to individual courts.
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==Pre-execution meet between convict and kin==
+
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Pre-execution-meet-between-convict-kin-now-a-22012016019026 ''The Times of India''], Jan 22 2016
+
  
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'''Pre-execution meet between convict & kin now a must'''
+
=Personnel issues=
 +
==Benefits to cops==
 +
===Benefits after 15 years’ service===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Higher-rank-perks-for-cops-serving-for-15-09112016011019  Higher rank, perks for cops serving for 15 yrs, Nov 09 2016 : The Times of India]
  
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A final, pre-execution meeting between the death row convict and his family members has been made mandatory under a new prison manual finalised by the home ministry . This comes in the wake of the erstwhile UPA government coming under severe criticism for having hanged Parliament attack convict Afzal Guru without letting his family meet him for a last time.
 
  
−
Even the letter intimating his family of the decision to execute him had reached his wife after Afzal had already been hanged. The new prison manual provides for legal aid to death row convicts at all stages, even after rejection of their mercy petitions.
+
Delhi Police has issued a circular according to which constables and head constables who have completed 15 years of service would be entitled to a senior position immediately .
  
−
The new model prison manual running into 32 chapters aims at bringing basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners all over the country .
+
A head constable promoted to an assistant sub-inspector would also be eligible to become an investigating officer of a case, thereby easing the load of existing IOs.Senior officers said these special grade policemen would be tasked to handle petty cases that are now probed by officers ranked higher.
  
−
Provision of legal aid to prisoners sentenced to death at all stages, even after rejection of mercy petitions, facilitating and allowing a final meeting between a prisoner and his family have been incorporated in new Chapter XII (Chapter XI of the 2003 manual).
+
The rules provide for promotion but due to the infamous red tape and infrastructure issues, a constable sometimes ends up serving in the same rank for 25 years; some even retire with that rank.Now, departmental promotion may take its own pace but personnel would be able to seek the benefits of designation and uniform. Nearly one-fifth of the force, or 28,000 personnel, would benefit from this.
  
−
Other key changes for death row convicts include procedure and channels through which mercy petitions are to be submitted, communication of rejection of mercy petitions and furnishing necessary documents, such as court papers, judgments, to the prisoners. Regular mental health evaluation for death row prisoners, physical and mental health reports to certify that the prisoner is in a fit physical and mental condition are key provisions, according to a home ministry statement.
+
According to the circular, any constable given a special grade would be promoted as head constable subject to eligibility. However, higher grades would not create new po sitions in Delhi police. A constable given a rank of head constable would be allowed to wear such rank insignia and receive the grade pay of a head constable.
  
−
==Death Penalty Project: NLU, Delhi==
+
A committee would soon be constituted to look for eligible personnel and improve their grades. Special rank officers would also receive 30-day training before assuming functions of a higher rank.
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=1-in-every-3-persons-sentenced-to-death-07052016001039 ''The Times of India''], May 07 2016
+
  
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[[File: Majority of prisoners on death row are OBCs, SC, ST and a minority, are economically vulnerable  and are less educated.jpg|Majority of prisoners on death row are OBCs, SC, ST and a minority, are economically vulnerable  and are less educated; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=1-in-every-3-persons-sentenced-to-death-07052016001039 ''The Times of India''], May 07 2016|frame|500px]]
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A constable would be eligible for a minimum of three promotions till he reaches the rank of a sub-inspector based on the number of years in service. Similar steps have been taken in Punjab, Kerala and Puducherry already . In the past four months, 4,498 policemen have already been granted higher ranks.
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[[File: Stages in death sentence cases.jpg|Stages in death sentence cases; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=1-in-every-3-persons-sentenced-to-death-07052016001039 ''The Times of India''], May 07 2016|frame|500px]]
+
  
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'''1 in every 3 persons sentenced to death is eventually acquitted: Study'''
+
''' Vacancies '''
 +
 
 +
The Centre had earlier asked Delhi Police to put forward a recruitment proposal. In 2014, HC directed the Centre to fill up 14,000 posts. It was further brought down by MHA to 4,227 posts.
 +
 
 +
==Crimes against policemen==
 +
[[File: Crimes against policemen, 2013-16.jpg|Crimes against policemen, 2013-16; [http://epaperbeta.timesofindia.com/Gallery.aspx?id=04_01_2017_006_025_009&type=P&artUrl=Asked-to-remove-car-man-beats-up-cop-04012017006025&eid=31808 The Times of India], Jan 4, 2017|frame|500px]]
 +
 
 +
'''See graphic'''
 +
 
 +
''Crimes against policemen, 2013-16''
 +
 
 +
==Dismissal from service==
 +
===2018:  61 policemen fired, 2,000+ faced the whip===
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F10&entity=Ar00811&sk=61DD40E7&mode=text  January 10, 2019: ''The Times of India'']
 +
 
 +
 
 +
The annual crime data of the Delhi Police has revealed that 61 police personnel were dismissed from service in 2018. The department also initiated disciplinary action against 2,069 officers last year.
 +
 
 +
Police commissioner Amulya Patnaik said there is zero tolerance on corruption in the force and encouraged people to come forward with their complaints against policemen.
 +
 
 +
The data on action taken by the vigilance unit of Delhi Police showed 472 inquires being conducted in 2018. Of these, allegations in 107 vigilance cases were proven against 272 police officers. Among those who faced disciplinary action were five ACP-rank officers and 62 inspector-rank officers.
 +
 
 +
Delhi Police also suspended 433 personnel, ranging from inspectors to constables, in 2018 for disciplinary matters. Inaction, corruption and harassment remained the major issues that prompted actions against the errant cops.
 +
 
 +
The department used an array of methods to receive complaints of wrongdoings by the cops. These included the anticorruption helpline — 99106 41064, which received 638 calls in 2018. Of these, 378 complaints were related to inaction by the police staff, while 171 calls were regarding corruption and 89 calls were for other complaints. Of the complaints, the unit initiated action in 73 instances.
 +
 
 +
The flying squad of the vigilance branch, led by an ACPrank officer, attended to 1,238 complaint calls at various police stations in the city. Apart from them, the special surveillance teams conducted 87 surprise checks to ascertain the performance of traffic cops, PCR vans and beat officers, who tend to have the most interaction with the public.
 +
 
 +
The police data also revealed that 318 cops, including seven inspector rank officers, were given major punishments after inquiries were conducted by the vigilance unit. In total, 1,690 personnel were given minor punishments after the conclusion of inquiries against them.
 +
 
 +
The unit, which maintains a list of cops with doubtful integrity, added 833 names to the list in 2018. The vigilance unit removed the names of 550 cops after probing allegations against them, while 725 cops continue to remain on the watch.
 +
 
 +
People actively sent their grievances to the official email ID of the top cop — cp.amulyapatnaik@delhipolice.gov.in and delpol@vsnl.com with 34,346 complaints being received and forwarded for necessary action.
 +
 
 +
Police chief Amulya Patnaik said there is zero tolerance on corruption in the policce force and encouraged people to come forward with their complaints
 +
 
 +
==Minority communities in the ranks, less than 4%/ 2017==
 +
[http://www.thehindu.com/news/cities/Delhi/minority-members-in-delhi-police-under-4/article20941463.ece  Muslims form less than 2% of police force, November 25, 2017: ''The Hindu'']
 +
 
 +
 
 +
The Delhi Police, which has a strength of around 80,000 personnel, employs less than 4% of members from minority communities in its ranks, according to a report by the Delhi Minorities Commission (DMC).
 +
 
 +
'''CM releases report'''
 +
 
 +
The annual report, released by Chief Minister Arvind Kejriwal also shows that Muslims, the largest minority group in Delhi, form less than 2% of the police force here.
 +
 
 +
The report said the force has 1,388 Muslim personnel and 697 Christian personnel. It said the Delhi Police employs 856 Sikh personnel.
 +
 
 +
“The Delhi Police has 1.79% personnel from the Muslim community. In total, it has 3,035 personnel from minority communities who form 3.91% of the total strength of the force,” the commission said in its report.
 +
 
 +
In the report, the DMC has identified 12 departments and corporations of which members of the minority communities are a part. Apart from the police, the Delhi Fire Service (DFS) has a total of 26 members from minority communities which is the lowest among 12 departments and corporations.
 +
 
 +
'''DMRC members'''
 +
 
 +
The Delhi Metro Rail Corporation (DMRC) employees 283 members from minority communities.
 +
 
 +
However, the Directorate of Training tops the list at 13.33%, followed by the Public Grievance Commission at 7.69% and the Directorate General of Home Guards at 5.22%.
 +
 
 +
==Recruitment in Delhi Police==
 +
===2015: Recruitment of constables===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=One-constable-for-every-262-Delhiites-30102015008059 ''The Times of India''], Oct 30 2015
 +
 
 +
'''One constable for every 262 Delhiites'''
 +
 
 +
Delhi Police, one of the largest metropolitan police forces in the world with a sanctioned strength of around 72,000, is likely to recruit more than 15,000 additional personnel in a major boost to its manpower.
 +
 
 +
The Union home ministry is working on a proposal to sanction the additional posts which would translate to at least a 20% increase in numbers and would be the biggest expansion of the Del hi Police. Women are likely to get a third of these posts.
 +
 
 +
“As part of its initiative to improve policing in the capital, the ministry proposes to recruit 15,000-20,000 consta bles into the Delhi Police over a period of time. The Cabinet note is being drafted and will be put up for approv al soon,“ a home ministry official told. According to data from the Bureau of Police Research and Development, Delhi Police had a sanctioned strength of 72,686 personnel (civil and district armed police) as on January 1, 2014. It far exceeds the national average in terms of population per policeman.
 +
 
 +
As against one constable for every 262 Delhiites, the national average stands at one policeman for 716 persons.
 +
 
 +
The Delhi Police also beats all other metropolitan police forces in India in terms of manpower. As compared to 72,686 sanctioned strength of civil police in Delhi, Mumbai has just 48,969 policemen and Kolkata 22,834 policemen. There are 11 police sub-districts in Delhi, with 181 police stations, 23 out posts and 15 state armed police stations.
 +
 
 +
“The proposal to expand the Delhi Police may be included in the next year's general budget, which will earmark the required funds. The timeline for recruitment of the 15,000 constables is being decided,“ said a home ministry functionary .
 +
Union home minister Rajnath Singh has constantly pitched for strengthening the Delhi Police, laying particular stress on making the capital safer for women.
 +
 
 +
The sanctioned strength of constabulary in the Delhi Police, as per BPR&D data, was 18,989 head constables and 39,834 constables (including civil and district armed police) as on January 1, 2014. Each Delhi Police constable has an average 0.02 square kilometer of area under him.
 +
 
 +
==Rogue list==
 +
===2016/ Rogue list===
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Rogue-list-gets-longer-02012017002022  ''' `Rogue' list gets longer ''', Jan 2, 2017: The Times of India]
 +
 
 +
 
 +
'''Around a dozen Delhi Police personnel were arrested on criminal charges in 2016'''
 +
 
 +
Three traffic policemen we re caught recently for abducting a businessman. They drove him around central Delhi till he agreed to give them the money he was carrying to deposit at a bank. A few days later, a policeman was shot by criminals and it was later found that he was conniving with them to run a gambling racket and a dance bar in outer Delhi.
 +
 
 +
In May 2016, an SHO was arrested after he was found to be instigating the girlfriend of a criminal to commit suicide.The woman later reached the Tees Hazari police station and consumed poison, blaming the SHO for her death.
 +
 
 +
In 2016, the vigilance department had conducted 55% more inquires against its men.A Delhi Police survey found 34% of the cops to be corrupt in 2015, down from 66% in 2014.
 +
 
 +
Last year, the department registered 88 cases under the Prevention of Corruption Act against 77 policemen. Inquiries were conducted against 838 policemen, of which charges were proved against an ACP , 12 inspectors, 18 sub-inspectors, two ASIs, five head constables and 15 constables. Of the 490 cops suspended in 2015, 10 were inspectors, 90 sub-inspectors, 46 ASIs, and the rest were cons tables and home guards. Departmental inquiries were ordered against 1,017 officers and 90 policemen were dismissed from service following complaints.
 +
 
 +
The department got 1.09 lakh complaints on its anti-corruption helpline. A 24x7 flying squad was formed for corruption complaints. A mobile app was also launched for quick registration.
 +
 
 +
===2018/ Rogue list===
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F01&entity=Ar00605&sk=7F1DB836&mode=text  Over a dozen policemen in dock in last 12 months, August 1, 2018: ''The Times of India'']
 +
 
 +
[[File: Criminal charges against policemen, Delhi- 2017, 2018.jpg|Criminal charges against policemen, Delhi- 2017, 2018 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F01&entity=Ar00605&sk=7F1DB836&mode=text  Over a dozen policemen in dock in last 12 months, August 1, 2018: ''The Times of India'']|frame|500px]]
 +
 
 +
''Criminal Charges Range From Corruption, Bribery, Kidnapping To Robbery''
 +
 
 +
Delhi Police may be facing a major embarrassment with CBI arresting the SHO of a high-profile police station like Saket, but this not the first time this year that a cop from the force has been in the dock.
 +
 
 +
In the last one year, more than a dozen policemen of various ranks have been arrested on criminal charges ranging from corruption, bribery, kidnapping to robbery.
 +
 
 +
Just last week, two policemen were dismissed for being involved in a kidnapping case. In May, a cop in Samaypur Badli was dismissed for aiding drug dealers. An inspector was arrested in June for his involvement in a cheating and human trafficking racket. The same month, a sub-inspector and a constable from Punjabi Bagh police station were arrested and dismissed in a bribery case.
 +
 
 +
A few months ago, the police department was left rattled after a senior inspector and an intelligence bureau officer were arrested along with another associate on charges of running a transfer-posting racket. During searches, CBI had seized Rs 1.6 crore in cash. While this was seen as the tip of an iceberg, the arrests in the case remained limited to three.
 +
 
 +
The rising number of arrests of policemen indicates that not only does the vigilance branch need a complete revamp, but police commissioner Amulya Patnaik and his deputies need to monitor the activities of DCPs and SHOs more closely. Sources said that the lawyer arrested on Tuesday had uninterrupted access to offices of many senior officers.
 +
 
 +
In Tuesday’s operation, a hunt is on for another inspector from Hauz Khas police station who had also been on CBI’s radar in the past. The role of other policemen, including senior district-level officers, is being probed, sources said.
 +
 
 +
Questions are also being raised on how a tainted cop managed to get a posting in a high-profile south Delhi police station. Sources said police stations like Saket are among the most sought-after in the capital. Most of the times only a handful of “super SHOs” — inspectors heading big police stations — get posted there. Also, a handful of inspectors get to head the same police station twice in a span of a few years.
 +
 
 +
The police brass, however, claimed that the transfer board relies on various parameters to select an officer for the job. Delhi Police said they practice zero tolerance and policemen caught in such acts are dismissed immediately.
 +
 
 +
==Shortage: extent, 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Cases-taking-ages-without-enough-IOs-27052017002016  Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India]
 +
 
 +
[[File: Pendency of investigation cases, 2012-16.jpg|Pendency of investigation cases, 2012-16; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Cases-taking-ages-without-enough-IOs-27052017002016  Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India]|frame|500px]]
 +
 
 +
'''Only 12% Hike In Officer Count Since 2012'''
 +
 
 +
Since 2012, while the cases being registered have gone up by 260%, the number of IOs has increased by only 12%.
 +
 
 +
The police have, however, got a breather as the Union home ministry sanctioned more than 4,000 posts for investigating officers (IO) last year to take some load off the overburdened cops. The de cision was taken after getting approval from the department of expenditure and finance ministry and has been made operational in two phases in 2016-17 and 2017-18.
 +
 
 +
According to standard practice, IOs at police stations or specialised units have to complete investigations within 30 days of a case being registered and prepare the chargesheet. Each IO, usually of the rank of subinspector or inspector, is burdened with over 50 cases at a time. They either have to compromise on the probe quality or delay it for some time to clear out backlogs.
 +
 
 +
Officers agree that the practice not only exhausts a policeman, but leads to extra hours of work, some stret ching for days. “In incidents like murders and robberies, the IO has to work for hours to gather evidence physically leaving out all other probes he is engaged in,“ said a police officer.
 +
 
 +
In the Nirbhaya incident of December 2012, the investigators contacted external agencies to collate evidence of dentures and blood samples within a month to prepare a watertight chargesheet, which led to a landmark judgment. As per the plan, 635 graduate constables have undergone specialised training to investigate petty cases. Around 1,640 constables and head constables have been promoted under the special grade scheme and trained to handle cases.
 +
 
 +
A total of 15,000 policemen have been trained in specialised courses, like scientific investigations, law of extradition and important case studies. DCPs and ACPs have also been trained to monitor the quality of the investigations.
 +
 
 +
However, cops say that investigators require specialised support from external agencies. Cops have proposed setting up of 17 posts of assistant legal advisors and permission to investigators to seek help from chartered accountants, cyber experts and engineers. The police commissioner can be empowered to employ specialists for each case.
 +
 
 +
==Suicides, mental health issues/ 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=MENTAL-HEALTH-DAY-Suicide-by-3-cops-in-10102017006016  Raj Shekhar Jha & Somreet Bhattacharya, Suicide by 3 cops in 15 days puts mental health issues in focus, October 10, 2017: The Times of India]
 +
 
 +
[[File: Number of suicides among Delhi Police Personnel due to depression, 2017.jpg|Number of suicides among Delhi Police Personnel due to depression, 2017 <br/> From: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=10_10_2017_006_013_002&type=P&artUrl=Why-men-in-uniform-are-feeling-low-10102017006013&eid=31808 The Times of India], October 10, 2017|frame|500px]]
 +
 
 +
 
 +
'''Five policemen in Delhi have killed themselves in the past two months -three of them within a fortnight. In all, the count is nine in 2017'''
 +
 
 +
Most of them were on duty when they shot themselves with their service weapons. While many have left suicide notes, some deaths have remained a mystery . However, depression turns out to be the most common reason, hinting probably at an immediate need to address the mental health problems of Delhi Police personnel.
 +
 
 +
From family problems to ill health to tiff with seniors -cops are depressed due to various reasons. Seven-eight personnel committed suicide every year in the past five years and many of them had written about depression in their suicide notes.
 +
 
 +
The police reforms manual, prepared after a PIL was filed by former DGPs Prakash Singh and N K Singh, has also cited arbitrary and frequent transfers at the behest of influential third parties as a cause behind depression and demotivation.
 +
 
 +
Thippeswamy from Karnataka, who jumped before the railway tracks in January , had written, “I am sorry my dear family and friends. I was suffering from depression since very long time. I am unable to cope up with that. So I am taking my own life.“
 +
 
 +
Head constable Chand Pal, who had shot himself on the Supreme Court premises in January , was depressed due to family issues. He had alleged in the suicide note that his family members had grabbed his property . A marital discord and long hours of duty had further worsened his mental health.
 +
 
 +
Head constable Pramod Kumar, who killed himself at Delhi Cantt police station in August, was also in depression due to family problems. He said he couldn't keep his wife and children happy .
 +
 
 +
Har Bhagwan, another head constable who shot himself inside the beat box in Shahbad Dairy , was depressed over quarrels with his wife. He shot himself a few minutes after arguing with her over the phone. However, Delhi Police does not have any provision to deal with mental health of its employees. Cops said they were counselled and their grievances were addressed. The recent large-scale promotions are one of the initiatives taken to relieve and motivate many , they claimed.
 +
 
 +
Senior officials said they had taken steps to ensure that the personnel-on-theground didn't feel left out. “Whether it be the issue of leaves on anniversary or children's birthdays or going home once a week, all SHOs and DCPs have been asked to reach out to their subordinates and ensure that all help is extended to them. This will be discussed on priority in the next meeting,“ said Delhi Police spokesperson Dependra Pathak.
 +
 
 +
Delhi Police also conducts entertainment programmes. “There is also a police families welfare organisation to look after the education and health of the children and take steps to keep the policemen free from these worries,“ said Pathak. “We have directed the DCPs to conduct sampark sabhas every week to hear out grievances of junior colleagues.“ “Despite counselling, a person who has access to a weapon may end up using it easily . We are trying to address this as well,“ an officer said.
 +
 
 +
=Police stations=
 +
==Kirti Nagar: rated best in 2017==
 +
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=This-police-station-is-near-perfect-16022017004034 The Times of India], Feb 16 2017
 

 

  
−
Out of every 100 death sentences that trial co urts pronounce, less than five are upheld by higher courts. About 30% of the remaining prisoners are acquitted, and the sentence is commuted for the rest.
+

 +
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==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F18&entity=Ar01011&sk=17011F0A&mode=text  Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: ''The Times of India'']
 +
 
 +
[[File: Police Stations in Delhi, some facts, January 2018.jpg|Police Stations in Delhi, some facts, January 2018 <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F18&entity=Ar01011&sk=17011F0A&mode=text  Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: ''The Times of India'']|frame|500px]]
 +
 
 +
'''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==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F17&entity=Ar00600&sk=BD57144B&mode=text  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.
 +
 
 +
==April 2019/ Kashmere Gate police station declared best==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F04%2F03&entity=Ar01016&sk=D623F996&mode=text  Kashmere Gate police station declared best in city by home min, April 3, 2019: ''The Times of India'']
 +
 
 +
 
 +
The ministry of home affairs has declared Kashmere Gate police station in north district as the best in the city. The unit achieved this feat in the annual ranking assessment of police stations for 2018. Police commissioner Amulya Patnaik awarded the Certificate of Excellence to inspector Devender Kumar, the station house officer of Kashmere Gate.
 +
 
 +
The home ministry selected the best station on various parameters, including maintenance and cleanliness of the building, working out of heinous crimes, data uploaded on the network, workout percentage of cases and complaints of 2018, and disposal of inquiry reports of various complaints received from watchdogs.
 +
 
 +
Parameters like feedback about police conduct, maintenance of records and case property, and facilities available for visitors were also looked at while deciding the best station.
  
−
What happens to all the people trapped in the maws of criminal justice system, condemned to death? No ministry or agency has a record of how many people India has executed since Independence. Data is scarce, and the stories are unheard.
+
The police station has WiFi, which can be accessed by visitors by registering their ID at the front desk. Apart from designated barracks, it has a fitness area for policemen. It also provides newspapers and legal literature in the visitors’ room. It boasts of a well-maintained register of medico-legal cases and statements of witnesses in calls, standing orders and circulars, as well as list of absconders and deserters.
  
−
The Death Penalty Project, launched by the National Law University , Delhi, is the first to look closely at life under the death sentence. Between July 2013 and January 2015, it compiled official data and interviewed hundreds of death row prisoners and their families.
+
During the survey, MHA officials called complainants at all police stations and asked them about the behaviour of policemen.
  
−
“The narratives we heard were extremely unsettling,“ says Anup Surendranath, constitutional law professor at NLUD who headed the project.
+
=Women=
 +
==Policing for women-related crimes==
 +
===2012-20===
 +
[https://timesofindia.indiatimes.com/spotlight/why-customer-service-management-is-critical-for-a-successful-business-strategy/articleshow/79719541.cms  Ariba Khaliq, December 15, 2020: ''The Times of India'']
  
−
“I feel like I am caught between two blades of a scissor, with no means to escape,“ says Harikrishnan, one of the death row prisoners interviewed.
+
[[File: Crimes against women in Delhi, 2012-20.jpg|Crimes against women in Delhi, 2012-20 <br/> From: [https://timesofindia.indiatimes.com/spotlight/why-customer-service-management-is-critical-for-a-successful-business-strategy/articleshow/79719541.cms  Ariba Khaliq, December 15, 2020: ''The Times of India'']|frame|500px]]
  
−
The project looks at the vagaries of the criminal justice system, the state of prisons and the brutalising of the police as an institution where torture of prisoners and threats against families are routine to draw out confessions.
+
NEW DELHI: It has been eight years since the horrific gang-rape and murder of a physiotherapy student — who came to be known as Nirbhaya — in south Delhi. 2020 is significant, for the year brought an end to the legal battle between the state and the convicts, who were hanged on March 20.  
  
−
But what stands out is how the long wait to hear whether they will live or die can devastate prisoners. This uncertainty, says Surendranath, “is unmatched in any other form of incarceration“.
+
The Nirbhaya case, however, did not just result in the hanging of the rapist-murderers. It also changed the way Delhi Police dealt with crimes against women.  
  
  
−
==July 2013-January 2015==
+
For one, registration of crime underwent a systemic change, leading to an increase in FIRs filed, from 706 in 2012 to a peak of 2,199 in 2015. This year was safer for women, with just 1,429 cases registered till October 31 against 1,884 last year in the same period.
−
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=A-LIFE-WORSE-THAN-DEATH-07052016020006 ''The Times of India''], May 07 2016
+
  
−
CAPITAL PUNISHMENT is ethically complicated for any society. Even those who believe that it is necessary tend to turn their eyes away from it. The Death Penalty Research Project, undertaken by the National Law University, Delhi, is the first attempt to understand exactly how this grim sentence works. The researchers studied 373 out of 385 death row prisoners between July 2013 and January 2015 to understand their backgrounds, the realities of the legal process, and what it is like to live in prison, haunted by death
+
Police commissioner S N Shrivastava is learnt to have emphasised a zero-tolerance policy in crimes against women, and joint commissioner- and deputy commissioner-rank officers oversee the investigation in these cases, pushing for timely arrests and filing of chargesheets.
−
DYING BY SLOW DEGREES
+
  
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Waiting for death, from the first trial court sentence to the last appeal, is a unique torture.Since the 1980s, there has been continuous litigation on whether undue delay in the execution of a death sentence is grounds for commuting it. Those who file mercy petitions are caught in a pincer between hope and fear , not knowing what tomorrow will bring.
+
Serving and retired police officers agree that the December 16, 2012 event was a turning point for law enforcement in the city. Delhi Police underwent an overhaul at the grass-roots level and took a slew of measures. “From dedicated anti-stalking cells to self-defence training for women and Himmat Plus app for easy access to police, Delhi Police gave top priority to women’s safety. No jurisdictional dispute is allowed to delay police response to a complaint,” an officer claimed.  
  
−
Gopichand Ravidas, Govardhan Ravidas, Mahant and Yudhisthir are suspended in time. Convicted for a caste massacre that killed 35 upper-caste people, they have spent more than 20 years in prison. Nine years after their arrest, they were sentenced to death under the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court heard their appeal a year after their conviction, but was split on the question of punishment. The death sentence was upheld. Having submitted their mercy petition in 2003, the four men have not heard back on a decision. They prefer to “die now than suffer the distress of living on death row“.
+
There is a change in the police attitude towards the complainant as well. “Cops are now conscious of the manner in which they talk to a survivor, record the complaint or elicit information,” the officer said. “And besides attending to emergencies, staff handling the 10 lines of 1091 helpline also provides counselling.”
  
−
Gopichand's wife, Lalita Devi, lives in the hope that he will return, and she says that time has not dulled her pain. Their families live in poverty as wage labourers. Gopichand has never been released on bail, parole or furlough, and has rarely met his wife or children over the last two decades.
+
The case also led to the amendment of rape laws as recommended by the Justice JS Verma Commission set up after the Nirbhaya horror. After going through 80,000 submissions from the public, the commission accepted the need to punish rape, molestation and other sexual offences such as voyeurism with imprisonment up to seven years. Stalking or unwanted attempts to contact a person repeatedly was made punishable by a three-year jail sentence.  
  
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''' WHY THE DEATH PENALTY IS THE `PRIVILEGE OF THE POOR' '''
+
The amended laws made police duty-bound to assist rape survivors, starting with the immediate registration of an FIR on receiving a complaint. Now, women can also file online complaints. A slew of cases has already been registered based on email received by police. Women can also seek legal help from the police crisis cells. The growing awareness about legal remedies has resulted in more women reporting gender crimes.
  
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Almost three-fourths of the pris oners sentenced to death were economically vulnerable. A staggering 61.6 per cent of them had not completed secondary school. Lower castes and religious minorities made up 76 percent of the death row prisoners studied. While the study makes no claims of direct discrimination, structural disadvantage meets the flaws of the criminal justice system in deadly ways. Families are left reeling, with their main provider in prison.
+
As for stalking, cops said that all distress calls related to the crime are diverted to a special anti-stalking group. “The group follows up on the abusing number and deals with the aggressor in an effective manner. The cases are referred to the local police in real time,” the officer explained.  
  
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Ranjay, an autorickshaw-driver, was convicted and sentenced to death for shooting a one-year-old child. The case against him says that he had demanded Rs 100 from the child's grandfather., then drunkenly fired his pistol, killing the child. His wife Shivmani has a different story . Ranjay fired at a wall, but the bullet ricocheted and hit the baby . The grandfather then assaulted him, stabbing him in the neck with a pair of scissors. Ranjay wanted to drive the child to hospital in his auto. But a crowd had taken over, attacking him and his family. Finally, Shivmani dragged him to the police, to save him from the mob. The police has not recorded that Ranjay came in with multiple wounds, or that his wife brought him to the station.
+
Besides deploying all-women PCR vans, male and female cops in plainclothes are also posted outside school and colleges when classes begin and end. There is special patrolling of the risk-prone routes taken by women returning from entertainment hubs and malls, and the civic agencies are informed about poorly lit roads.  
  
−
Shivmani is 36, and has been married for 15 years. She has never been to school. She has two daughters and three sons. They had built a house, but had to sell it to meet legal expenses. Shivmani worked as a cook, but recently lost her job. With no support from anywhere, she worries about saving her children from a life of crime. Her eldest daughter, who had been her anchor, has run away from home. “Though it is the convict who is sentenced to death, it is his family that dies every day ,“ she says.
+
==2018: women DCPs in 4 of 13 districts ==
 +
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F30&entity=Ar00605&sk=C5719B95&mode=text  Rajshekhar Jha, In a first, 4 of 13 districts to have women DCPs, August 30, 2018: ''The Times of India'']
  
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Prayag was sentenced to death for a sexual violence case that got tremendous media attention. The public outrage at the crime, though, ended up devastating his family. His parents, Bhuvan and Jaya, worked as a municipal corporation cleaner and domestic worker, respectively. But as soon as Prayag was arrested, they were evicted from their building. Under threat from the housing society , they left their possessions behind, unaware that they would not be able to return.
 
  
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Bhuvan and Jaya were reduced to living on the pavement outside the prison. Bhuvan had to give up his job, because of a painful swelling in his foot, and Jaya's income of Rs 1,100 a month can barely sustain them. They bathe in public toilets, and take refuge at a nearby hospital during the rains. They are still struggling to make sense of the way their world has been wrecked.
+
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.
  
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'''HOW DEATH ROW PRISONERS ARE LET DOWN BY THE LAW'''
+
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.
  
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When the quality of investigation and legal representation are flawed at the very foundation, the death penalty calls up even more un settling questions.
+
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.
  
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Out of the 220 prisoners in the study who spoke about the tampering of evidence, 142 believed that it was staged. Out of these, 106 were subjected to custodial torture,. “I always remember what a police constable told me about the IPC. The IPC is like a spider's web -big creatures burst through it and only -the small ones get caught. But he forgot to add that the spider never gets caught in its own web,“ says Hilbert, whose shirt was soaked in blood by the police, and shown to have been recovered by them.
+
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.
  
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Through the interviews, a recurring narrative emerged, of being forced to sign blank sheets of paper, which are then used for a statement. The accused are led to “reveal“ facts the police is already aware of. Stock witnesses are arranged. These are then presented as evidence by the prosecution.
+
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.
  
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A contingent of policemen in plainclothes came to arrest 30-year-old Juzer for a terror offence. They surrounded the neighbourhood, and questioned his father. After telling him that Juzer was only going to be questioned, and assuring him of no arrest, they were led to his in laws' home, where Juzer was living with his pregnant wife.Still in civilian clothes, the police took him into custody . Though Juzer's father offered information about the terror suspect, because he had been his madrassa teacher, the police refused to listen, saying his son would be back in a couple of hours.
+
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.
  
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At the police station, two Muslim officers asked Juzer to be candid with them, and that they would look out for him. But the next morning, a police officer came into the interrogation room, and told him he was now done for, that he was caught in
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Revision as of 21:49, 24 June 2021

Delhi Police: i) Number of employees; ii) IPC crimes registered, 2012-15; Graphic courtesy: The Times of India, January 22, 2016
Delhi Police vis-à-vis Mumbai Police on social media, as in Jan 2016; Graphic courtesy: The Times of India, January 28, 2016

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Contents

The background

Solution May Lie In Devolving Some Powers To State

Manoj Mitta | TNN

The Times of India

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

The Times of India

The Times of India

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,”

Language used in FIRs

HC questions continued use of Urdu, Persian words

August 8, 2019: The Times of India


HC asks why cops still use Urdu, Persian words

New Delhi:

Why is Delhi Police still using Persian and Urdu words while registering FIR, Delhi high court sought to know on Wednesday. It asked Delhi Police commissioner to explain why “high sounding and bombastic” words in these languages are still in use when it becomes difficult for a common person to understand.

A bench of Chief Justice D N Patel and Justice C Hari Shankar pointed out that FIR should ideally be in the words of the complainant who has come with a grievance and too much flowery language, the meaning of which has to be discerned from a dictionary, ought not to be used.

“Too much flowery language should not be used. FIR should be in the words of the complainant. Police is there for public at large and not just for persons with doctorate degree in Urdu or Persian. Simple language should be used, instead of high sounding words. People have to know what is written. It is applicable to use of English also. Don’t use bombastic language,” the bench remarked, while seeking the stand of the police chief on the matter.

It directed the police commissioner to file an affidavit explaining why Urdu or Persian words are still in use when complainants approaching the cops mostly use simple language to narrate their ordeal. The court listed the matter for November 25.

Delhi high court was hearing a PIL, by advocate Vishalakshi Goel, seeking directions to Delhi Police not to use Urdu and Persian words in FIRs, arguing that it becomes difficult for a normal citizen to understand or follow what the police have done with their complaint in case of a crime having occurred.

Delhi government additional standing counsel Naushad Ahmed Khan, appearing for the police, said that Urdu and Persian words used in FIRs can be understood by making a little effort. He also said that the words are used when transferring the FIR to higher authorities.

In a separate PIL raising similar concerns, Delhi Police had, a few years ago, defended the usage of words such as zaabta (law), majroob (injured), imroz (today), etc, arguing that due to long and continuous usage in police documents, the public has become familiar with these.

Delhi Police had also argued that if it switched to Hindi, it would create fresh difficulties for the force and the layman.

2019

Aamir Khan2, Nov 27, 2019: The Times of India

Urdu, Persian words in FIRs
From: Aamir Khan2, Nov 27, 2019: The Times of India

FIRs should be in the simplest language possible, Delhi high court has said while directing Delhi Police to present 100 FIRs from different police stations in the national capital to see if cops were refraining from using “complicated” Urdu and Persian words.

A bench of Chief Justice D N Patel and Justice C Hari Shankar have passed the direction pursuant to a circular issued by the DCP (legal cell), Delhi Police, asking all police officers to refrain from using “archaic Urdu/Persian” words. “Urdu/Persian words are being used mechanically by cops without knowing the meaning and proper application of mind,” the bench noted. The court stressed that there was no need for police to show their knowledge of Urdu and Persian words.

Delhi Police’s list contained 383 terms in Urdu or Persian with their translation in Hindi and English. Referring to the list, the court emphasised that public, at large, may not be able to understand all these Urdu or Persian words. As a result, it asked for the list to be given along with the FIR to a person seeking the FIR copy. The list, it added, may not be “exhaustive” as there can be other similar Urdu and Persian words being used in FIRs which are not mentioned in it. “The practice of using these words in the FIR ought to be stopped by police,” the bench directed. Referring to the Code of Criminal Procedure, 1973, the bench said FIR was the “most vital document” prepared by police for it set the process of criminal justice in motion.

“In fact the copy of the FIR is required to be sent to the magistrate immediately as it is an immediate version of the narration of the whole offence. In court, the FIR is required to be read time and again, hence, it should be in a simple language or it should be in the language of a person who has approached police to lodge an FIR,” the judges noted.

A PIL had challenged the usage of Urdu or Persian words in FIRs on the ground of inconvenience for general public. Pursuant to a court order on August 7, 2019, Delhi Police issued a circular to its officers to “evade using archaic Urdu/Persian words” and come out with the list. High court now wants to know if the circular is being followed by subordinate officers in “letter and spirit”. It said, “Minimum 100 copies of FIRs should be presented before the court on the next date of hearing.”

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

The New Delhi Law and order Reserve Force
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

The zones that Delhi was divided into for policing purposes in 2016; Graphic courtesy: 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

Raj Shekhar, 41 NE women commandos to man frontline defences in Delhi , Aug 2, 2017: The Times of India

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.

Lawyers vs. the Police

1988-2019

Abhinav Garg, Nov 3, 2019: The Times of India

Lawyers vs. the Delhi Police, 2014-17
From: Abhinav Garg, Nov 3, 2019: The Times of India


Images and videos of policemen chasing lawyers and vehicles burning in a court complex recalled a similar incident over three decades ago. The face-off at Tis Hazari is also a reminder that not much has changed in the relations between the men in uniform and those donning black robes since the time they first clashed in 1988.

That day, Kiran Bedi, India’s first woman IPS officer and at the time a young deputy commissioner of police, had a showdown with the capital’s lawyers who had brought the courts to a halt for a prolonged period. Much like in Saturday’s case, the confrontation in 1988 had begun with a trivial argument over parking, the trigger being the arrest of the lawyer for alleged theft and of him being handcuffed.

What could have easily been defused through the intervention of the police brass and the bar association turned instead into a full blown fight, in which police cane-charged the lawyers, leaving many of them injured. This infamous episode led to one of the longest strikes in the history of the Delhi Bar Association.

Till date, both sides have justified their actions of that day, though the Justice D P Wadhwa Committee indicted Delhi Police and Bedi in particular even as the latter maintained the lawyers had run amok, thus inviting a strong response.

Hours after the clash, Delhi high court Chief Justice D N Patel convened a meeting of the Administrative Committee comprising seven top judges. Sources told TOI that Delhi’s additional chief secretary and the joint commissioner of Delhi Police of the area concerned were also summoned to the court. Justice Patel is learnt to have conveyed his concern over the security of lawyers and litigants in the court complex, Police apparently informed him that FIRs had been filed and investigation was under way.

The clashes indicate a deeper flaw and absence of a mechanism that would allow both sides to calm their members. In 2016, several lawyers ran riot in Patiala House Courts assaulting JNU student leader Kanhaiya Kumar and journalists in sight of police. The same year a group of lawyers clashed with policemen in the Rohini court after an advocate was detained for refusing to be frisked while entering the court complex. In 2017, an SHO was allegedly assaulted by a lawyer in the Karkardooma court in relation to the latter’s earlier arrest.

While senior police officers say the men on the spot are best positioned to take a call in such cases, lawyers maintain that the police brass has failed to rein in rogue elements. Perhaps it needs a decisive intervention of the bar and the bench to prevent recurrence of violence.

Naib courts

HC: Reshuffle naib courts every 3 years

Abhinav Garg|HC tells police to reshuffle naib courts every 3 yrs|Jul 10 2017 : The Times of India (Delhi)

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.

Personnel issues

Benefits to cops

Benefits after 15 years’ service

Higher rank, perks for cops serving for 15 yrs, Nov 09 2016 : The Times of India


Delhi Police has issued a circular according to which constables and head constables who have completed 15 years of service would be entitled to a senior position immediately .

A head constable promoted to an assistant sub-inspector would also be eligible to become an investigating officer of a case, thereby easing the load of existing IOs.Senior officers said these special grade policemen would be tasked to handle petty cases that are now probed by officers ranked higher.

The rules provide for promotion but due to the infamous red tape and infrastructure issues, a constable sometimes ends up serving in the same rank for 25 years; some even retire with that rank.Now, departmental promotion may take its own pace but personnel would be able to seek the benefits of designation and uniform. Nearly one-fifth of the force, or 28,000 personnel, would benefit from this.

According to the circular, any constable given a special grade would be promoted as head constable subject to eligibility. However, higher grades would not create new po sitions in Delhi police. A constable given a rank of head constable would be allowed to wear such rank insignia and receive the grade pay of a head constable.

A committee would soon be constituted to look for eligible personnel and improve their grades. Special rank officers would also receive 30-day training before assuming functions of a higher rank.

A constable would be eligible for a minimum of three promotions till he reaches the rank of a sub-inspector based on the number of years in service. Similar steps have been taken in Punjab, Kerala and Puducherry already . In the past four months, 4,498 policemen have already been granted higher ranks.

Vacancies

The Centre had earlier asked Delhi Police to put forward a recruitment proposal. In 2014, HC directed the Centre to fill up 14,000 posts. It was further brought down by MHA to 4,227 posts.

Crimes against policemen

Crimes against policemen, 2013-16; The Times of India, Jan 4, 2017

See graphic

Crimes against policemen, 2013-16

Dismissal from service

2018:  61 policemen fired, 2,000+ faced the whip

January 10, 2019: The Times of India


The annual crime data of the Delhi Police has revealed that 61 police personnel were dismissed from service in 2018. The department also initiated disciplinary action against 2,069 officers last year.

Police commissioner Amulya Patnaik said there is zero tolerance on corruption in the force and encouraged people to come forward with their complaints against policemen.

The data on action taken by the vigilance unit of Delhi Police showed 472 inquires being conducted in 2018. Of these, allegations in 107 vigilance cases were proven against 272 police officers. Among those who faced disciplinary action were five ACP-rank officers and 62 inspector-rank officers.

Delhi Police also suspended 433 personnel, ranging from inspectors to constables, in 2018 for disciplinary matters. Inaction, corruption and harassment remained the major issues that prompted actions against the errant cops.

The department used an array of methods to receive complaints of wrongdoings by the cops. These included the anticorruption helpline — 99106 41064, which received 638 calls in 2018. Of these, 378 complaints were related to inaction by the police staff, while 171 calls were regarding corruption and 89 calls were for other complaints. Of the complaints, the unit initiated action in 73 instances.

The flying squad of the vigilance branch, led by an ACPrank officer, attended to 1,238 complaint calls at various police stations in the city. Apart from them, the special surveillance teams conducted 87 surprise checks to ascertain the performance of traffic cops, PCR vans and beat officers, who tend to have the most interaction with the public.

The police data also revealed that 318 cops, including seven inspector rank officers, were given major punishments after inquiries were conducted by the vigilance unit. In total, 1,690 personnel were given minor punishments after the conclusion of inquiries against them.

The unit, which maintains a list of cops with doubtful integrity, added 833 names to the list in 2018. The vigilance unit removed the names of 550 cops after probing allegations against them, while 725 cops continue to remain on the watch.

People actively sent their grievances to the official email ID of the top cop — cp.amulyapatnaik@delhipolice.gov.in and delpol@vsnl.com with 34,346 complaints being received and forwarded for necessary action.

Police chief Amulya Patnaik said there is zero tolerance on corruption in the policce force and encouraged people to come forward with their complaints

Minority communities in the ranks, less than 4%/ 2017

Muslims form less than 2% of police force, November 25, 2017: The Hindu


The Delhi Police, which has a strength of around 80,000 personnel, employs less than 4% of members from minority communities in its ranks, according to a report by the Delhi Minorities Commission (DMC).

CM releases report

The annual report, released by Chief Minister Arvind Kejriwal also shows that Muslims, the largest minority group in Delhi, form less than 2% of the police force here.

The report said the force has 1,388 Muslim personnel and 697 Christian personnel. It said the Delhi Police employs 856 Sikh personnel.

“The Delhi Police has 1.79% personnel from the Muslim community. In total, it has 3,035 personnel from minority communities who form 3.91% of the total strength of the force,” the commission said in its report.

In the report, the DMC has identified 12 departments and corporations of which members of the minority communities are a part. Apart from the police, the Delhi Fire Service (DFS) has a total of 26 members from minority communities which is the lowest among 12 departments and corporations.

DMRC members

The Delhi Metro Rail Corporation (DMRC) employees 283 members from minority communities.

However, the Directorate of Training tops the list at 13.33%, followed by the Public Grievance Commission at 7.69% and the Directorate General of Home Guards at 5.22%.

Recruitment in Delhi Police

2015: Recruitment of constables

The Times of India, Oct 30 2015

One constable for every 262 Delhiites

Delhi Police, one of the largest metropolitan police forces in the world with a sanctioned strength of around 72,000, is likely to recruit more than 15,000 additional personnel in a major boost to its manpower.

The Union home ministry is working on a proposal to sanction the additional posts which would translate to at least a 20% increase in numbers and would be the biggest expansion of the Del hi Police. Women are likely to get a third of these posts.

“As part of its initiative to improve policing in the capital, the ministry proposes to recruit 15,000-20,000 consta bles into the Delhi Police over a period of time. The Cabinet note is being drafted and will be put up for approv al soon,“ a home ministry official told. According to data from the Bureau of Police Research and Development, Delhi Police had a sanctioned strength of 72,686 personnel (civil and district armed police) as on January 1, 2014. It far exceeds the national average in terms of population per policeman.

As against one constable for every 262 Delhiites, the national average stands at one policeman for 716 persons.

The Delhi Police also beats all other metropolitan police forces in India in terms of manpower. As compared to 72,686 sanctioned strength of civil police in Delhi, Mumbai has just 48,969 policemen and Kolkata 22,834 policemen. There are 11 police sub-districts in Delhi, with 181 police stations, 23 out posts and 15 state armed police stations.

“The proposal to expand the Delhi Police may be included in the next year's general budget, which will earmark the required funds. The timeline for recruitment of the 15,000 constables is being decided,“ said a home ministry functionary . Union home minister Rajnath Singh has constantly pitched for strengthening the Delhi Police, laying particular stress on making the capital safer for women.

The sanctioned strength of constabulary in the Delhi Police, as per BPR&D data, was 18,989 head constables and 39,834 constables (including civil and district armed police) as on January 1, 2014. Each Delhi Police constable has an average 0.02 square kilometer of area under him.

Rogue list

2016/ Rogue list

`Rogue' list gets longer , Jan 2, 2017: The Times of India


Around a dozen Delhi Police personnel were arrested on criminal charges in 2016

Three traffic policemen we re caught recently for abducting a businessman. They drove him around central Delhi till he agreed to give them the money he was carrying to deposit at a bank. A few days later, a policeman was shot by criminals and it was later found that he was conniving with them to run a gambling racket and a dance bar in outer Delhi.

In May 2016, an SHO was arrested after he was found to be instigating the girlfriend of a criminal to commit suicide.The woman later reached the Tees Hazari police station and consumed poison, blaming the SHO for her death.

In 2016, the vigilance department had conducted 55% more inquires against its men.A Delhi Police survey found 34% of the cops to be corrupt in 2015, down from 66% in 2014.

Last year, the department registered 88 cases under the Prevention of Corruption Act against 77 policemen. Inquiries were conducted against 838 policemen, of which charges were proved against an ACP , 12 inspectors, 18 sub-inspectors, two ASIs, five head constables and 15 constables. Of the 490 cops suspended in 2015, 10 were inspectors, 90 sub-inspectors, 46 ASIs, and the rest were cons tables and home guards. Departmental inquiries were ordered against 1,017 officers and 90 policemen were dismissed from service following complaints.

The department got 1.09 lakh complaints on its anti-corruption helpline. A 24x7 flying squad was formed for corruption complaints. A mobile app was also launched for quick registration.

2018/ Rogue list

Over a dozen policemen in dock in last 12 months, August 1, 2018: The Times of India

Criminal charges against policemen, Delhi- 2017, 2018
From: Over a dozen policemen in dock in last 12 months, August 1, 2018: The Times of India

Criminal Charges Range From Corruption, Bribery, Kidnapping To Robbery

Delhi Police may be facing a major embarrassment with CBI arresting the SHO of a high-profile police station like Saket, but this not the first time this year that a cop from the force has been in the dock.

In the last one year, more than a dozen policemen of various ranks have been arrested on criminal charges ranging from corruption, bribery, kidnapping to robbery.

Just last week, two policemen were dismissed for being involved in a kidnapping case. In May, a cop in Samaypur Badli was dismissed for aiding drug dealers. An inspector was arrested in June for his involvement in a cheating and human trafficking racket. The same month, a sub-inspector and a constable from Punjabi Bagh police station were arrested and dismissed in a bribery case.

A few months ago, the police department was left rattled after a senior inspector and an intelligence bureau officer were arrested along with another associate on charges of running a transfer-posting racket. During searches, CBI had seized Rs 1.6 crore in cash. While this was seen as the tip of an iceberg, the arrests in the case remained limited to three.

The rising number of arrests of policemen indicates that not only does the vigilance branch need a complete revamp, but police commissioner Amulya Patnaik and his deputies need to monitor the activities of DCPs and SHOs more closely. Sources said that the lawyer arrested on Tuesday had uninterrupted access to offices of many senior officers.

In Tuesday’s operation, a hunt is on for another inspector from Hauz Khas police station who had also been on CBI’s radar in the past. The role of other policemen, including senior district-level officers, is being probed, sources said.

Questions are also being raised on how a tainted cop managed to get a posting in a high-profile south Delhi police station. Sources said police stations like Saket are among the most sought-after in the capital. Most of the times only a handful of “super SHOs” — inspectors heading big police stations — get posted there. Also, a handful of inspectors get to head the same police station twice in a span of a few years.

The police brass, however, claimed that the transfer board relies on various parameters to select an officer for the job. Delhi Police said they practice zero tolerance and policemen caught in such acts are dismissed immediately.

Shortage: extent, 2017

Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India

Pendency of investigation cases, 2012-16; Somreet Bhattacharya, Cases taking ages without enough IOs, May 27, 2017: The Times of India

Only 12% Hike In Officer Count Since 2012

Since 2012, while the cases being registered have gone up by 260%, the number of IOs has increased by only 12%.

The police have, however, got a breather as the Union home ministry sanctioned more than 4,000 posts for investigating officers (IO) last year to take some load off the overburdened cops. The de cision was taken after getting approval from the department of expenditure and finance ministry and has been made operational in two phases in 2016-17 and 2017-18.

According to standard practice, IOs at police stations or specialised units have to complete investigations within 30 days of a case being registered and prepare the chargesheet. Each IO, usually of the rank of subinspector or inspector, is burdened with over 50 cases at a time. They either have to compromise on the probe quality or delay it for some time to clear out backlogs.

Officers agree that the practice not only exhausts a policeman, but leads to extra hours of work, some stret ching for days. “In incidents like murders and robberies, the IO has to work for hours to gather evidence physically leaving out all other probes he is engaged in,“ said a police officer.

In the Nirbhaya incident of December 2012, the investigators contacted external agencies to collate evidence of dentures and blood samples within a month to prepare a watertight chargesheet, which led to a landmark judgment. As per the plan, 635 graduate constables have undergone specialised training to investigate petty cases. Around 1,640 constables and head constables have been promoted under the special grade scheme and trained to handle cases.

A total of 15,000 policemen have been trained in specialised courses, like scientific investigations, law of extradition and important case studies. DCPs and ACPs have also been trained to monitor the quality of the investigations.

However, cops say that investigators require specialised support from external agencies. Cops have proposed setting up of 17 posts of assistant legal advisors and permission to investigators to seek help from chartered accountants, cyber experts and engineers. The police commissioner can be empowered to employ specialists for each case.

Suicides, mental health issues/ 2017

Raj Shekhar Jha & Somreet Bhattacharya, Suicide by 3 cops in 15 days puts mental health issues in focus, October 10, 2017: The Times of India

Number of suicides among Delhi Police Personnel due to depression, 2017
From: The Times of India, October 10, 2017


Five policemen in Delhi have killed themselves in the past two months -three of them within a fortnight. In all, the count is nine in 2017

Most of them were on duty when they shot themselves with their service weapons. While many have left suicide notes, some deaths have remained a mystery . However, depression turns out to be the most common reason, hinting probably at an immediate need to address the mental health problems of Delhi Police personnel.

From family problems to ill health to tiff with seniors -cops are depressed due to various reasons. Seven-eight personnel committed suicide every year in the past five years and many of them had written about depression in their suicide notes.

The police reforms manual, prepared after a PIL was filed by former DGPs Prakash Singh and N K Singh, has also cited arbitrary and frequent transfers at the behest of influential third parties as a cause behind depression and demotivation.

Thippeswamy from Karnataka, who jumped before the railway tracks in January , had written, “I am sorry my dear family and friends. I was suffering from depression since very long time. I am unable to cope up with that. So I am taking my own life.“

Head constable Chand Pal, who had shot himself on the Supreme Court premises in January , was depressed due to family issues. He had alleged in the suicide note that his family members had grabbed his property . A marital discord and long hours of duty had further worsened his mental health.

Head constable Pramod Kumar, who killed himself at Delhi Cantt police station in August, was also in depression due to family problems. He said he couldn't keep his wife and children happy .

Har Bhagwan, another head constable who shot himself inside the beat box in Shahbad Dairy , was depressed over quarrels with his wife. He shot himself a few minutes after arguing with her over the phone. However, Delhi Police does not have any provision to deal with mental health of its employees. Cops said they were counselled and their grievances were addressed. The recent large-scale promotions are one of the initiatives taken to relieve and motivate many , they claimed.

Senior officials said they had taken steps to ensure that the personnel-on-theground didn't feel left out. “Whether it be the issue of leaves on anniversary or children's birthdays or going home once a week, all SHOs and DCPs have been asked to reach out to their subordinates and ensure that all help is extended to them. This will be discussed on priority in the next meeting,“ said Delhi Police spokesperson Dependra Pathak.

Delhi Police also conducts entertainment programmes. “There is also a police families welfare organisation to look after the education and health of the children and take steps to keep the policemen free from these worries,“ said Pathak. “We have directed the DCPs to conduct sampark sabhas every week to hear out grievances of junior colleagues.“ “Despite counselling, a person who has access to a weapon may end up using it easily . We are trying to address this as well,“ an officer said.

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

Somreet Bhattacharya & Sidharth Bhardwaj, 50 police stations don’t have permanent address, January 18, 2018: The Times of India

Police Stations in Delhi, some facts, January 2018
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.

April 2019/ Kashmere Gate police station declared best

Kashmere Gate police station declared best in city by home min, April 3, 2019: The Times of India


The ministry of home affairs has declared Kashmere Gate police station in north district as the best in the city. The unit achieved this feat in the annual ranking assessment of police stations for 2018. Police commissioner Amulya Patnaik awarded the Certificate of Excellence to inspector Devender Kumar, the station house officer of Kashmere Gate.

The home ministry selected the best station on various parameters, including maintenance and cleanliness of the building, working out of heinous crimes, data uploaded on the network, workout percentage of cases and complaints of 2018, and disposal of inquiry reports of various complaints received from watchdogs.

Parameters like feedback about police conduct, maintenance of records and case property, and facilities available for visitors were also looked at while deciding the best station.

The police station has WiFi, which can be accessed by visitors by registering their ID at the front desk. Apart from designated barracks, it has a fitness area for policemen. It also provides newspapers and legal literature in the visitors’ room. It boasts of a well-maintained register of medico-legal cases and statements of witnesses in calls, standing orders and circulars, as well as list of absconders and deserters.

During the survey, MHA officials called complainants at all police stations and asked them about the behaviour of policemen.

Women

Policing for women-related crimes

2012-20

Ariba Khaliq, December 15, 2020: The Times of India

Crimes against women in Delhi, 2012-20
From: Ariba Khaliq, December 15, 2020: The Times of India

NEW DELHI: It has been eight years since the horrific gang-rape and murder of a physiotherapy student — who came to be known as Nirbhaya — in south Delhi. 2020 is significant, for the year brought an end to the legal battle between the state and the convicts, who were hanged on March 20.

The Nirbhaya case, however, did not just result in the hanging of the rapist-murderers. It also changed the way Delhi Police dealt with crimes against women.


For one, registration of crime underwent a systemic change, leading to an increase in FIRs filed, from 706 in 2012 to a peak of 2,199 in 2015. This year was safer for women, with just 1,429 cases registered till October 31 against 1,884 last year in the same period.

Police commissioner S N Shrivastava is learnt to have emphasised a zero-tolerance policy in crimes against women, and joint commissioner- and deputy commissioner-rank officers oversee the investigation in these cases, pushing for timely arrests and filing of chargesheets.

Serving and retired police officers agree that the December 16, 2012 event was a turning point for law enforcement in the city. Delhi Police underwent an overhaul at the grass-roots level and took a slew of measures. “From dedicated anti-stalking cells to self-defence training for women and Himmat Plus app for easy access to police, Delhi Police gave top priority to women’s safety. No jurisdictional dispute is allowed to delay police response to a complaint,” an officer claimed.

There is a change in the police attitude towards the complainant as well. “Cops are now conscious of the manner in which they talk to a survivor, record the complaint or elicit information,” the officer said. “And besides attending to emergencies, staff handling the 10 lines of 1091 helpline also provides counselling.”

The case also led to the amendment of rape laws as recommended by the Justice JS Verma Commission set up after the Nirbhaya horror. After going through 80,000 submissions from the public, the commission accepted the need to punish rape, molestation and other sexual offences such as voyeurism with imprisonment up to seven years. Stalking or unwanted attempts to contact a person repeatedly was made punishable by a three-year jail sentence.

The amended laws made police duty-bound to assist rape survivors, starting with the immediate registration of an FIR on receiving a complaint. Now, women can also file online complaints. A slew of cases has already been registered based on email received by police. Women can also seek legal help from the police crisis cells. The growing awareness about legal remedies has resulted in more women reporting gender crimes.

As for stalking, cops said that all distress calls related to the crime are diverted to a special anti-stalking group. “The group follows up on the abusing number and deals with the aggressor in an effective manner. The cases are referred to the local police in real time,” the officer explained.

Besides deploying all-women PCR vans, male and female cops in plainclothes are also posted outside school and colleges when classes begin and end. There is special patrolling of the risk-prone routes taken by women returning from entertainment hubs and malls, and the civic agencies are informed about poorly lit roads.

2018: women DCPs in 4 of 13 districts

Rajshekhar Jha, In a first, 4 of 13 districts to have women DCPs, August 30, 2018: The Times of India


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.

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