(A detailed version of this chapter in notes #301.022 on http://facebook.com/mehtarahulc )
Download this chapter 22 : http://www.righttorecall.info/301.pdf
22.1 Proposed changes to improve Police
I at RRP propose following administrative changes in police :
1. Enact procedure by which we commons can replace District Police Commissioner. The description of the procedure is given in next section along with the draft of the Gazette Notification needed
2. Jury System over Policemen : Empowering citizens to expel/fine a policeman.
3. Using wealth tax over land, triple the number of policemen
4. Using wealth tax over land, double the salaries of policemen
5. National-ID system to improve recording keeping and track criminals.
6. Computerization all crime records and all police stations
7. Disclosure of wealth of all policemen from Constables to DIG and their close relatives on internet.
Now how do I propose to bring these changes? I suggest to citizens that they should force PM to print TCP law and thereafter, using YESes of crores of citizens, we should force CMs and PM to issue all the above laws.
22.2 First proposed Right to Recall District Police Commissioner draft
I explained in the first chapters why corruption in US police is low, and the main reason is that citizens in US have procedures by which they can expel District Police Chief.
I have proposed RTR (Right to Recall) over 200 positions. All procedures I have proposed use open voting. But for District Police Commissioner, I have proposed one additional procedure which uses confidential voting. I have proposed following procedure to propose to replace District Police Chief , which is based on what I call as co-election :
1. The CM shall appoint District Police Chief for a term of 4 years as he does today
2. Whenever there is an election in the district, be election of MP or MLA or Panchayat members or PM or CM or District Mayor, any person who has served as class-I officer in Govt or served in Military in JCO position or [… meets a list of qualifications] … wants to become District Police Chief, he can put himself as candidate for deposit same as MP
3. If any candidate gets vote of over 50% of all voters, not just who voted, then that candidate shall become new District Police Chief for 4 years
4. With approval of over 50% of all citizen-voters in the State, the CM can suspend the DPC for 4 years and appoint a person of his choice as DPC
5. With approval of over 50% of all citizen-voters in India, the PM can suspend all the DPCs in a state for 4 years and appoint persons of his choice as DPCs in that state.
The above procedure will reduce corruption in District Police Chief’s office and will also make Police Chief take time to ensure that no one else is taking bribes or acting in inefficient and atrocious ways.
The exact proposed draft of Gazette Notification needed to replace DPC is as follows :
|
# |
Procedure For |
Procedure / instruction |
|
1 |
—– |
The CM will print Gazette Notification will come into effect only after over 51% of ALL registered voters have submitted YES on the affidavit demanding this GN using TCP. |
|
2 |
SEC (State Election Commissioner) |
The CM and citizens hereby request SEC to hold co-election of District Police Chief (DPC), whenever a District is undergoing general election of District Panchayat, Tahsil Panchayat, Gram Panchayat or City Corporation or any District wide election |
|
3 |
SEC |
Any citizen of India above 30 years who has worked in Military for over 5 years, Police for even 1 day, as Govt Servant for 10 years or has cleared GPSC or UPSC written exam, or ever won the election of MLA or MP or Corporator or District Panchayat Member will be able register himself as candidate for DPC.. |
|
4 |
SEC |
SEC will put a ballot box for election of DPC |
|
5 |
Citizen |
A citizen-voter may vote for any of the candidates |
|
6 |
CM |
If any candidates obtains votes of over 50% of ALL registered citizen-voters (all, not just those who voted), then CM may resign or may appoint the person with highest votes as the new DPC in the District for next 4 years |
|
7 |
CM |
CM will make one person DPC in one District at most |
|
8 |
CM |
If a person has been DPC for more than 2400 days in past 3000 days, then CM will not allow him to remain as DPC for next 600 days. |
|
9 |
CM, Citizens of the State |
With approval of over 51% of ALL citizen voters in the State, the CM can suspend this law for a district for 4 years and appoint District Police Chief in that District as per his discretion. |
|
10 |
PM, Citizens of India |
With approval of over 51% of ALL citizen voters in India, the PM can suspend this law-draft for a State for 4 years and appoint District Police Chief in all districts in that State as per his discretion. |
|
CV.1 |
DC |
If a citizen wants to propose any change in this law, then the citizen can submit an affidavit demanding the change to District Collector or his clerk who will post it on the website of Prime Minister for a fee of Rs 20 per page. |
|
CV.2 |
Talati aka Patwari |
If a citizen wants to register his opposition to this law-draft or any clause of this law-draft or wants to register any support to affidavit filed in the above clause, then he may register his YES/No for a Rs 3 fee at Patwari’s office. The Patwari will note the citizen’s YES/NO and will also post the citizen’s YES/NO on PM’s website. |
22.3 Second proposed Right to Recall District Police Commissioner draft
The second proposed draft is as follows :
- The CM shall appoint District Police Chief for a term of 4 years as he does today
- Any person who meets the qualifications to be District Police Chief can become candidate for District Police Commissioner for a deposit.
- A citizen can approve at most 5 persons for the positions DPC by paying Rs 3 at local Patwari/Talati office. The citizen can also cancel the approvals anyday.
- If any candidate gets approval of over 50% of all voters, not just who files approvals, then that candidate shall become new District Police Chief for 4 years
- With approval of over 50% of all citizen-voters in the State, the CM can suspend the DPC for 4 years and appoint a person of his choice as DPC
- With approval of over 50% of all citizen-voters in India, the PM can suspend all the DPCs in a state for 4 years and appoint persons of his choice as DPCs in that state.
|
# |
Procedure For |
Procedure / instruction |
|
1 |
– |
The word citizen would mean a registered voter in the district.DPC would mean District Police Chief |
|
2 |
District Collector |
If any citizen of India wishes to become DPC (District Police Chief) , and he appears in person or via a lawyer with affidavit before the DC, the DC would accept his application to become DPC after taking filing fee same as deposit amount for MP election. |
|
3 |
Talati , (or Talati’s Clerks) |
If a voter comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the DPC position, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. |
|
4 |
Talati |
The Talati will put the approvals of the parent on district’s website with citizen’s voter-ID number and names of the persons he approved. |
|
5 |
Talati |
If a the parent comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee. |
|
6 |
Collector |
On every 5th of month, the Collector or officer he deputes will publish Approval counts for each candidate as on last date of the previous month. |
|
7 |
CM |
If a candidate gets approval of over 51% of ALL voters (ALL, not just those who have filed their approval) in a district, then CM may appoint him as DPC |
|
8 |
CM |
As long as a DPC has approvals of more than 34% voters, CM need not replace him. But if a DPC’s approval goes below 34%, the CM can replace him with the officer of his choice. |
|
9 |
CM, Citizens of the State |
With approval of over 51% of ALL citizen voters in the State, the CM can suspend this law-draft for a district for 4 years and appoint District Police Chief in that District as per his discretion. |
|
10 |
PM, Citizens of India |
With approval of over 51% of ALL citizen voters in India, the PM can suspend this law-draft for a State for 4 years and appoint District Police Chief in all districts in that State as per his discretion. |
22.4 Coroner’s Inquest (or Coroner’s Court or Coroner’s Jury)
Why is police of West much less corrupt and atrocious than that in India? Well, lets ask this question differently. Since when/why did policemen of West were forced to reduced corruption and atrocities?
In around 800 AD, the citizens of UK were able to force King to conduct Inquest (i.e. Inquiry) every time a policemen was involved in death of a common or a major crime. In case of death, the Inquiry was compulsory and in case of other allegations, like beating or bribery, it was optional. The inquiry was conducted by King’s officer who almost always had nexuses, relation with local police chief and other policemen, and so inquiries used to be farce. The situation is similar to today. Almost always, when there is a death in police custody, an inquiry is conducted by Magistrate or higher raking authority such as District judge or sometimes commission of retired HCj. But the in-charge of these inquiries often have nexuses with IPS and so nothing serious happens. The inquest was called Coroner’s Inquest, the word Coroner meaning Crown i.e. the King.
The true activists of UK realized that if the inquiry is headed by officer appointed by the King, such inquiry is nothing but farce. So the activists around 950 AD forced the King to make a change — 6 to 12 citizens chosen at random from the district’s adult population will ask questions and will decide. Each of the Jurors would give one of the three verdicts on the accused policemen’s actions — justifiable, excusable or criminal. If the Jurors vote his action as criminal, he is almost always expelled and subsequent trial decides prison sentence. The sentence is decided by a next formal Jury Trial. In the inquest, the Jurors are allowed to ask questions and any citizen is allowed to speak, even if he is not a direct witness. IOW, the Coroner’s Inquest by around 950 AD in UK was no longer an Inquiry by Crown, but it was Inquiry by the Citizens. This Citizen’s Inquiry was the turning point in behavior of policemen, and history of West. It was only after Coronor’s JurySys came in UK, UK’s economic progress increased by leaps and bounds.
Now it was no longer possible for policemen to have nexuses with those in-charge of inquiry or their relatives, and these in-charge were 12 citizens chosen at random from a population of 1000s or lakhs. So policemen before committing any atrocity would think ten times and the citizens in-charge were not likely to show much mercy borne out of nexuses.
What do intellectuals of India say about this procedure of “Inquiry by Citizens”? Well, The intellectuals of India have openly refused to even inform their students about this procedure !! Lest they would demand for this procedure. The intellectuals oppose “Citizens’ Inquiry” as this would reduce elitemen’s hold over policemen, and so policemen would commit less atrocities on commons if and when elitemen need. So the intellectuals, who are all agents of elitemen, opposed this Citizens’ Inquiry procedure. After all, information about choices can create a demand for choices. And instead they have filled poison in the minds of students that Indian citizen is a crook, irrational, nutcase, foolish, casteists, communalist, uncivilized, cruel etc and so must not have any such powers. So even in case a student learns about this procedure, he will most likely reject it due the anti-citizen poison intellectuals have filled in their brains by the intellectuals.
Sadly, due to the intellectuals disinformation and brain-washing, the non-80G-activists did not demand any procedure like Citizens’ Inquiry and so police atrocities are rock high in India. And corruption is proportional to atrocities i.e. more the demand for money, more the atrocities policemen commit, and the main reason they have to beat up people is to extort bribes. The West using Citizens’ Inquiry procedure zeroed atrocities and so corruption also reduced. (see http://www.britannica.com/eb/article-9026387/coroners-jury and http://en.wikipedia.org/wiki/Coroner )
We at MRCM demand and support a procedure similar to above, which we shall refer as “Jury Trial over Policemen”.
22.5 Description of the proposed Jury System over Policemen
The procedure we propose is similar to Coroner’s Jury System as practiced in UK, US for past 100s of years.
- For each District, the District Police Chief will form a Grand Jury consisting of 25 citizen voters above 25 years. The members will be randomly chosen from voter list and will serve for 2 weeks. If he doesn’t, citizens should expel him. The threat of expulsion will ensure that Police Chief will form such committee.
- If any citizen has complaint against a policeman, he can file the complaint before the Grand Jurors. The Grand Jurors may or may not call him for the explanation, The Grand Jurors may or may not the accused policeman for explanation.
- If over 13 Grand Jurors say that the policeman is prima facie guilty, then The District Collector will summon 15 citizens from District, who will hear both sides for at least 7 days
- After 7 days, if over 8 out of 15 citizens decide that the accused policeman should be expelled, the District Police Chief will give the case to Home Minister.
- The Home Minister will summon 15 citizens from state other than that district. If over 8 citizens agree that the accused policeman should be expelled, the Home Secretary will expel him. Otherwise, Home Minister will transfer him to a randomly chosen District of that state, other then the District he has served before.
22.6 On Supreme Court’s recent order to improve Police Dept
The SCjs have categorically refused to let citizens decide the fate of District Police Chief and errant policemen. They have not supported procedures by which we commons can expel District Police Chief, nor have SCjs supported any procedure similar to Coroner’s Jury used by West. The SCjs want a police board consisting of intellectuals, retired judges, senior IPS officers etc. The common citizens are specifically excluded from the police board proposed by SCjs. In the Police Board proposed by SCjs, we commons have no procedure to expel/replace board members at all. So it is clear that these boar members will work like agents of elitemen and will beat us commons. Is that all what SCjs want? I see no point in asking such simple question.
Due to election, reservation and gradual increase in education, the number of OBC policemen and OBC MLAs/Ministers has been increasing. This increased the dominance of OBC elitemen. The only difference police board will make is that it would restore the dominance of upper caste elitemen. Other than that, the Police Board proposal makes no difference. The proposal of Police Board is far inferior than the two procedures we have proposed – replacement of District Chief and Citizens’ Inquiry.
22.7 Other party’s and eminent intellectuals stand on improving Police
The leaders of other parties and all intellectuals are simply hostile to improve Police Dept. Every party’s leaders have refused to increase the number of policemen. They are openly hostile to procedure by which we commons can replace District Police Chief and insist that Police Chiefs must be imposed from top. They further insist on keep salaries of policemen low so they have to depend on bribery and thus they can be pressurized. The leaders of other parties have also refused to enact Jury System by which citizens can expel policemen. We request all citizens to ask their favorite party’s leaders on what they intend to do on issue of corruption in policemen and decide if they are worth voting for. And we also request activists to ask intellectuals on this issue, and decide if they are worth following.
22.8 How can YOU help in improving Police Dept in India?
Please read chap-13 of this book http://rahulmehta.com/301.htm . It has several steps where-in you can spend 6 hours a week and help to bring TCP draft in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna, Arvind Gandhi etc who oppose TCP draft, by giving newspaper ads, contesting elections. Once TCP gets printed in Gazette, using TCP, it will become easy for activists to get RTR District Police Chief, RTR Home Minister, RTR Chief Minister, JurySys etc drafts printed in the Gazette within few weeks, and so the police dept will improve.
Review Questions
- How many policemen are there in India?
- What is typical workload on a Constable in terms of hours per week?
- Who in India can expel District Police Chief