Punjab Police (Amendment) Bill, 2023 passed by Vidhan Sabha may face two hurdles, says HC Advocate

Published on: 21 Jun 2023 at 02:56 PM

Published by: The fact news

The Fact News Service

Chandigarh, June 21

The Punjab Police (Amendment) Bill, 2023 passed by Punjab Vidhan Sabha may face two hurdles, first assent from Governor and then Judicial Review by Supreme Court. This was stated by Punjab and Haryana High Court Advocate Hemant Kumar.

“The aforementioned amendment seeks to vest the power of impaneling eligible and suitable IPS officers for the post of State DGP(HoPF) in an Empanelment Committee to be headed by retired Chief Justice or former Judge of Punjab & Haryana High Court as Chairperson & which would comprise of six members viz. Punjab Chief Secretary, a nominee of UPSC, Chairman or nominee of PPSC, State Home Secretary, a nominee of MHA, Govt of India, and a retired Punjab DGP (HoPF). It has been provided in the ibid Bill that the State Government shall appoint the DGP (HoPF) from amongst the panel of three Officers recommended by such Empanelment Committee. Interestingly, the latest passed Amendment Bill doesn’t completely exclude the role of UPSC, which is mandated by the Supreme Court, for the State DGP (HoPF) Selection Process. Of course, UPSC’s involvement/role in such Process is proposed to be varied,” noted Hemant Kumar.

Hemant Kumar stated although it is the prerogative of the House of State Assembly to pass any Bill which however is within its competence or jurisdiction ( read Article 246 and Seventh Schedule to Constitution of India) however its fate of such passed legislation depends upon the State Governor.

“The Governor has four options. The Governor can straightway accord assent or else withhold the same. Further, he can even return the Bill to the Legislature for reconsideration including suggesting some sort of amendment(s) in the passed Bill therein. Lastly, he can reserve the Bill for the consideration of the President of India in which case it is the President who can either grant or withhold his assent,” he added.

Hemant quoted the case of the Punjab State Vigilance Commission -PSVC (Repeal) Bill, 2022 which was passed by the Punjab Vidhan Sabha in September 2022 but it is yet to be assented to by the Governor, Banwari Lal Purohit.

HC Advocate recalled that about five years ago in September 2018, the then Capt Amarinder Singh dispensation in Punjab also got enacted Punjab Police (Amendment) Act, 2018 via the State Assembly which also amended then existing Section 6 of the Punjab Police Act, 2007 about Selection and Term of Office of DGP and which completely ousted the role of involvement of UPSC in Selection Process of State DGP (HoPF).

“But in January, 2019, the Supreme Court deprecated that 2018 Amendment by terming it being against its earlier issued directions in Re: Prakash Singh Vs Union of India Judgment (Sepetember, 2006). Although Punjab Police (Amendment) Act, 2018 hasn’t been judicially adjudicated hitherto. The Apex Court, however, then directed the Punjab Government to send names of all eligible IPS officers to UPSC which was immediately compiled thereafter. In early February 2019, Dinkar Gupta was appointed as Punjab DGP (HoPF) by then Capt. Amarinder Govt by following Supreme Court laid down Selection Process ( read with involvement of UPSC),” he added.

“The latest passed Punjab Police (Amendment) Bill, 2023, even if it receives assent of the State Governor, would thereafter also have to pass the test of Judicial Scrutiny at Supreme Court and it remains to be seen if the Apex Court upholds the same by departing from its historic ruling in Prakash Singh Judgment, which it has been consistently reiterating since past several years. It must be mentioned here that the ibid Bill also lays down that its provisions i.e. about Selection/Appointment of State DGP (HoPF) shall prevail notwithstanding anything contained in any Judgment, Order or Decree of any Court. However, even this sort of non-obstante mention is subjected to Judicial Review since it is the basic structure of the Constitution of India. Thus Judicial Scrutiny at Supreme Court would be second hurdle of the latest Punjab Assembly-passed Punjab Police (Amendment) Bill, 2023,” he added.

One more interesting and significant provision in the latest passed Bill is that it also provides that the pending appointment of a regular DGP (HoPF), the State Government may give the additional charge of such post to any Officer in the rank of DGP in the State.

Interestingly, it has been almost a year now since Gaurav Yadav, a 1992 batch IPS of Punjab Cadre and primarily posted as Special DGP (Director General of Police), Administration has been holding the additional charge of State’s DGP (HoPF).

“This period of one year also includes two months viz. July-Aug, 2022 when Yadav has delegated the additional charge of DGP(HoPF) since then incumbent VK Bhawra proceeded on two months leave in early July, 2022. Further when Bhawra resumed duty in Sep, 2022 he in lieu of being re-posted on this earlier post i.e. DGP(HoPF) was however posted as Chairman, Punjab Police Housing Corporation (PPHC) in the rank of DGP. Consequently, Gaurav Yadav was allowed to hold the additional charge of DGP(HoPF), which he was holding since July, 2022, till further Orders. It was also mentioned in the Order dated 2 Sep 2022 that it is being issued as per Orders of the Competent Authority,” he said.
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