SC queries govt on status of National Police Commission Report

The Supreme Court on Wednesday asked the Union government what it has done with the National Police Commission report which had recommended making law-enforcing agencies transparent, accountable, and insulating them from political interference.

The direction was given by a three-judge bench comprising Chief Justice J S Verma, Justice S P Bharucha and Justice S C Sen, during resumed hearing on the question of granting autonomy to the central investigating agencies.

The question of autonomy of these agencies has arisen as an offshoot of the petition in the multimillion rupee Jain hawala case.

The judges asked Attorney-General Ashok Desai whether the government has taken any decision on the recommendations of the National Police Commission.

The commission was constituted in 1977 and had submitted its eight volume reports in 1979 and 1981-82.

Earlier, senior counsel Anil B Diwan submitted before the court that autonomy to the national investigating agencies was imperative in that there had been a self-denial of powers granted to them because of political interference.

Amicus curiae in the Jain hawala case, Diwan pleaded for autonomy to the Central Bureau of Investigation, Enforcement Directorate, Intelligence Bureau, Directorate of Revenue, and the Income Tax Department so that they could effectively investigate and take follow-up action in cases relating to the economic and criminal offences involving people in high places.

Diwan referred to the Vohra Committee report dated July 9, 1993, on the politician-mafia nexus recommending autonomy of central investigating agencies so that they are able to discharge their constitutional duties.

The counsel also referred to the National Police Commission report, the Shah Commission report, and reports of parliamentary committees on the issue of autonomy for the central investigating agencies.

Diwan then referred to the affidavit filed by the Union government pursuant to the court's earlier direction asking the central government to explain the steps taken to implement the Vohra Committee recommendations.

Diwan said a three-member committee had been appointed to deal with corruption in high places and to monitor the functioning of nodal agencies. The Lok Pal bill had been introduced by the government and a bill against money laundering was on the anvil, he said.

The recently-appointed committee has on it former cabinet secretaries N N Vohra and P G Deshmukh, and the central vigilance commissioner.

"Has this committee been really set up?" Chief Justice Verma asked the attorney-general, adding, "Your affidavit does not state it in clear terms."

When Desai said that the three-member committee had already been appointed, Justice Verma asked, "Can we take it that this committee has come into existence?" The attorney-general replied in the affirmative, adding that the committee was appointed on September 8.

The chief justice observed, "This is good step forward and consonant with our directions."

UNI