Court On Its Own Motion vs State Of Tripura

Akil Kureshi, CJ

This suo motu Public Interest Litigation(PIL) arises out of the observation of the Supreme Court in an order dated 11th March, 2019 in Manish Kumar Vs. Union of India, WP(C) No.183/2013 and concerns the questions of reforms of police force and related issues. The said order records that in an interim application following prayers were made before the Supreme Court:

"A. Direction to all the States & Union Territories to constitute Police Commission to deal with allegation of police action, redressal of grievances of police and to make recommendations for the welfare of police force.

B. Directions to the States to formulate and implement the guidelines for prevention and control of violent mass agitations and destruction of life & property, in terms of the guidelines suggested by this Hon'ble Court in the decision reported as 2009(5) SCC 212.

C. Directions to the States and Union Territories to fill up the vacant posts in the police and State Armed forces so that the police force does not remain overburdened.

D Directions to all the States and Union Territories to provide for periodic training and up-gradation of police force and to fix the working hours for the police personnel.

E. Direction to the Union of India to prescribe guidelines for the Media Reporting of the violent mass agitation and police action for prevention and control thereof.

F. Order or Direction restraining the States from drawing a presumption against the action of police acting under the constitutional and statutory obligations."

The Supreme Court was of the opinion that "Having considered the matter, we are of the view that the records pertaining to each of the States including affidavits etc. be sent by the Supreme Court Registry to the Registry of the concerned High Courts with a request to Hon'ble the Chief Justice of the High Court to entertain the matter on the Judicial Side as suo motu Public Interest Litigation and monitor the prayers made from time to time."

With respect to prayer A, learned Amicus Curiae Ms. Rumela Guha stated that Police Accountability Commission has already been established in the State. With respect to prayer B, we do not see any immediate threat of the nature mentioned therein. Situation can be reviewed later. Insofar as prayer C is concerned, through the affidavits filed by the Government it is pointed out that the State Government had decided to raise 2(two) IR battalions which was sanctioned by the Ministry of Home Affairs, Government of India. Thereafter, Director General of Police issued recruitment notice on 7th March, 2019 for recruitment of Riflemen(Tradesmen) for the said two battalions and thus, recruitment process was already started for filling up 1350 posts in the said cadre and also for filling up of 139 posts of Riflemen (Tradesmen). In response to such notice applications have been received which are being scrutinised.

It is further pointed out that for filling up 53 posts of Sub-Inspectors of Police(Un-armed) and Sub-Inspector of Police(Armed) requisition was sent to the Tripura Public Service Commission(TPSC) for initiating the process. However, in subsequent affidavit it is pointed out that on account of the status quo order passed by the Supreme Court it may not be possible for the Government to fill up these posts at present. It can thus be seen that proper steps are initiated for filling of the vacant posts to the possible extent.

With respect to the prayers D, E and F learned Amicus Curiae submitted that she would like to make further research and apprise the Court about any guidelines adopted by the other States.

List on 31st March, 2020.