Discretionary powers of new police set-up under fire

Jupinderjit singh

Tribune News Service

Chandigarh, May 3

The episode involving Independent MLAs Simarjit Singh Bains and Balwinder Singh Bains has brought into focus the discretionary powers vested in the Punjab Police under the Commissionerate system, which allow them to hold a person in preventive custody for long time.

The Bains brothers got bail following intervention of the Punjab and Haryana High Court.

The police are drawing flak for imprisoning under the same law US citizen Ravinderpal Singh, son of Surat Singh Khalsa who is on fast seeking release of Sikh prisoners. Ravinder was released recently after remaining in jail for around two months. Like Bains brothers, he was also taken in preventive custody under Sections 107 and 151 of the CrPC, citing law and order threat.

The powers to detain a person or to release him on bail were earlier vested in the Executive Magistrate (SDM). He had the discretion to seek a bail bond by a gazetted officer or a commoner. Rarely was anyone told to get bail bond of three gazetted officers of impeccable reputation, besides furnishing a personal bond of Rs 1 lakh. Both Bains brothers and Ravinderpal Singh were asked to furnish such bail bonds.

The state government adopted the commissionerate system in March 2010. This system vested powers of the SDM regarding preventive custody among others, in the Deputy Commissioner of Police (DCP). It is being alleged that the police is using this as a tool to put persons raising “anti-government” voices in custody for long, at the behest of political masters.

The Bains brothers were arrested on April 17 when they launched a “satyagraha” to lift sand from the Sutlej bed. They were booked for violating the law under which only those having a mining contract could lift sand. They were also booked on charges such as attempt to murder and robbery.

SS Virk, ex-DGP in whose tenure the commissionerate system was implemented, has expressed shock at the use of this discretionary power. “This was not the real purpose of the system we introduced. It was for the benefit of the public,” he said.

“The insistence on getting bail bond from three gazetted officers was shocking as two public representatives, duly elected by lakhs of people, were asked to bring three officers for the bail. This is not done. It is wrong and an insult to democracy,” he said.

Lawyer Rajvinder Bains said the CrPC empowered the SDMs earlier, but the power is legally supposed to be used after the conclusion of the proceedings and the furnishing of evidence. The policemen seem to have given it a go by in some cases recently, raising questions on whether the police can be entrusted with such discretionary powers.

Senior Ludhiana police officers were unavailable for comments on the issue. While opposing the bail plea of the Bains brothers, the police claimed they were a threat to law and order and hence their preventive custody was essential. A district court in Ludhiana did not accept the police plea. In its reported orders on bail, the court pointed out that there was not much evidence regarding attempt to murder and robbery cases slapped on the Bains brothers.

The Punjab and Haryana High Court had also not supported the police plea asking it to release the two MLAs on bail, accepting bail bond from commoners.

The Opposition parties have also aired concern over the use of such discretionary powers by the police. Leader of Opposition Sunil Jakhar said the powers needed to be looked into as the police used such tools to arrest innocents during terrorism.