MP Government Proposes a Draconian Law, Boundless Power to the Police

 To ensure public safety and maintain law and order in the major cities of the state – Bhopal and Indore, the state government has framed Madhya Pradesh Jan Suraksha Evam Sanraksha 2018 Bill, in which, the police department will be handed magisterial power.  The bill proposes to implement the commissioner system and intends to act as a panacea for all crimes.

The draft proposal of the Bill has several strange provisions including the one that gives the police power to keep one locked inside their house for as long as they wish. The police can exercise full control on social media, can conduct inspection of the buildings or homes without any search warrant, and even a police constable would have power to arrest, according to its provisions. Moreover, Section 25 of this draft will not allow any suit or legal action against the police officers for complying with the provisions of the act.

A provision in the Section 20 of the draft proposal deals with direction for undertaking security measures for maintaining internal security, public safety and order.

Chief minister Shivraj Singh Chouhan announced last month to introduce police commissioner system in Bhopal and Indore in the election year, owing to the deteriorating law and order situation in the state.

Excited by the chief minister’s statement, the top cops have pushed for the proposal and have forwarded it to the home department – hoping it may see the light of the day. If the home department approves the draft, it is likely to be tabled in the upcoming assembly session.

During the review of the law and order situation in the state last month, Chouhan had sought suggestions from the director general of police (DGP), other top cops and senior officials about the system.

Since 2012, police commissioner system issue pops up whenever the law and order situation deteriorates in the state. However, the recent failure of the police to maintain order during the Bharat Bandh in the state on April 2 has triggered the debate over the system again.

Major points of the proposed bill

As per the proposed provision in section 20 of the Bill, a DSP rank officer can order: “No person present in any specific area shall between such hours, as may be specified be out of doors, except those, who shall have written permit granted by a specified authority.” If green signal is given to this draft, the police will be able to restrict residents from venturing outside their doorsteps, be it an apartment, residential area, colony, rented house, commercial establishment or hotel, if they deem it fit.

Further, the draft says: “Section 10 allows police officer, not below the rank of sub-inspector, to inspect an 'establishment' for the purpose of ascertaining the adequacy or contravention of public safety measures and review the security architecture at any time between sunrise and sunset. Also, if such an inspection appears necessary, the officer may enter and inspect any building or premises at time if it appears to be 'expedient' and necessary in order to ensure safety of life and property’.”

Empowered with such an authority, a police officer can knock at your doors at their convenience to check measures of public safety and security and even a court of law won't be able to help.

Moreover, the proposal framed by the Madhya Pradesh Police Headquarter has also silently requested authorities a full control over social media platforms that are used to “affect harmony among religious communities”. Cops will be able to curb also the use of drones that endanger public safety.

In addition to that, the police will be able to perform audit of security measures and also issue security guidelines for establishments. Failing to comply with the audit requirements, fine can be imposed and conviction can be called for. The home secretary will be the final appellate authority.

Cognisable offence --

-Rs 1 lakh in fine or maximum punishment of five years can be slapped as the offence will be considered cognisable under the act. Although provision of the bail will also be available.

-Section 25 allows no suit or legal recourse against the police officers for actions taken complying with the provisions of the act. Experts said that these provisions are in violation of the 74th amendment of the Indian Constitution, as police are attempting to acquire powers vested with other institutions.

The draft has been drawing huge criticism by the former IPS officers and In February 2014, the then home minister of the state Babulal Gaur had also ruled out the possibility of implementing police commissioner system in the state – saying that the system was suitable for more populous areas.

Former DGPs of the state have criticised the draft and have termed this bill irrelevant.

Commenting over the proposed Bill, former DGP of the state Arun Gurtu said, “There are countless laws to maintain the law and order and curb crime in the state. The only thing is that it is lacking proper implementation. Police need to focus on implementation of existing laws and not to seek more power. There is no need of this new Bill, which has given seamless power to the police. Moreover, there is a major chance that police and politicians can misuse this power to harass their opponent.”

While, another former DGP of the state, Nandan Dubey said, “There should be check and balance in any law proposed. A police officer cannot be allowed to just come and knock on one's door. The act should ensure accountability.”

However, Home Minister of the state Bhupendra Singh perceives this this bill as an important step for women’s safety in both the cities. Commenting over the issue Bhupendra Singh told the media, “The draft has been prepared to ensure women’s safety in the state. Currently, the draft is under the observation in department concern and will carry forward, as it passed by the agencies.”

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