Policing, prisons, politics and reform: An interview with D.V. Guruprasad

In this exclusive interview, 1976 batch Indian Police Service officer D.V. Guruprasad talks about the various challenges the policing system is facing in India and how to address them..—.D.V. Guruprasad is a 1976 batch Indian Police Service (IPS) officer. During his long and illustrious career, he served as the superintendent of police (SP) in three communally sensitive districts and then as the deputy inspector general of police of Gulbarga range..As the commissioner of the police of Hubli–Dharwad, he succeeded in giving a healing touch to the city which had been badly affected due to the vexed Idgah Maidan dispute. His efforts in bringing the police close to the community earned encomiums and is studied as a case study by police officers..Guruprasad worked with four chief ministers of Karnataka as head of state intelligence and has seen the working of the government at close quarters. He has the unique distinction of heading both the state Criminal Investigation Department (CID) and state intelligence..He had a short stint in the Central Industrial Security Force (CISF) in New Delhi. As the head of police recruitment and training, he established a very transparent process of recruitment which was taken note of nationally..Following his stint as director general of police (DGP), state CID, Guruprasad worked as DGP, Home Guards, Fire Forces and Civil Defence from which position he retired in 2011..“Guruprasad worked with four chief ministers of Karnataka as head of state intelligence and has seen the working of the government at close quarters..After his retirement, he worked for six years as the chief executive officer of Gokula Education Foundation. He was also a visiting professor of criminology at Rani Chennamma University, Belagavi..He was a resource person of the University Grants Commission-Human Resource Development Centre (UGC-HRDC), Karnataka University, Dharwad, and Academy of Higher Education, government of Karnataka. He regularly gives motivational talks in various institutions..He was on the interview boards of the Union Public Service Commission and Karnataka Public Service Commission for six years..Also read: Communalism and sexual crimes are related: Interview with Teesta Setalvad.In this interview with The Leaflet, he discusses the need for reforms in the police administration so as to ensure the independence of the force..Excerpts from the interview.Abhish K. Bose: The investigating agencies of the country are facing a huge loss of credibility in the context of them becoming a mere political tool, that is, to simply act on behalf of the diktats of the political leadership of the country..This is clear, for example, from the manner in which the Union government uses the Enforcement Directorate to settle scores with political rivals. In this context do you have any suggestions to reinstate the morale and independence of the investigating agencies?.D.V. Guruprasad: In our system, the police come under the state government and hence the home minister is answerable to the public for any matter connected with law and order. Hence, he or she is bound to interfere with the working of the police. This is inevitable..However, to insulate major investigating agencies, both Union and state, from becoming a tool in the hands of the powers that be, it is necessary to constitute 'investigation overseeing panels'..These panels can have five to seven members from various strata such as the police, judiciary, prosecutors, lawyers and those who have domain expertise..They can be retired professionals who have no vested interest in the case which is being investigated. This body, which can be headed by a retired high court judge, can be asked to supervise the investigation of all important and sensational cases at every stage and give guidance to the investigating officer..Abhish K. Bose: In Kerala too, the vigilance department and other wings of the police are dancing as per the whims and fancies of the ruling dispensation. Take, for instance, the vigilance department registering cases against former finance minister K.M. Mani in the Bar bribe case..“In our system, the police come under the state government. Hence, it is bound to interfere with the working of the police. This is inevitable..The Left Democratic Front (LDF) demanded the registration of a case against Mani. However, When his party later joined the LDF, the vigilance department submitted a report absolving him of the charges. Such cases suggest that investigating agencies and the police can do nothing beyond the decisions of their political masters..Also read: Odisha police station fiasco: Questions in the aftermath.Do you have any constructive suggestions to make the police and investigating agencies not accountable to the political leadership but to some forums that should function based on some solid legal yardsticks rather than instructions from politicians? Are there any good models that can be replicated anywhere that ensure the independence of the police?.D.V. Guruprasad: To prevent such situations, in states such as Karnataka, Lokayuktas have been constituted. They are independent bodies headed by a retired Supreme Court judge or a retired high court Chief Justice. Unfortunately, many governments do not want to set up such bodies for their own reasons..In some countries, criminal investigation is led by the prosecution or judiciary. For example, the French follow the inquisitorial system where every stage of investigation of a criminal case is closely supervised or monitored by a qualified magistrate. This ensures a fair investigation. We can try this system, but the number of criminal cases in India is huge and unwieldy. My suggestion given in the answer to the earlier question is workable..Abhish K. Bose: What do you think about the feasibility of a suggestion that police and other investigation agencies should be brought under the jurisdictional control of a commission that works under specific legally binding yardsticks so that no individual can arbitrarily decide anything personally?.What about the suggestion that the transfer, promotion and recording of the confidential report of a police officer has to be entrusted with that particular commission rather than the political leadership? Can this induce a qualitative change in the functioning of the police?.D.V. Guruprasad: The Supreme Court gave its verdict on police reforms containing suggestions including the above in 2006. Even after 18 years, we have seen no change. This is because the top leadership of the police wants the status quo to continue..To overcome this situation, we can think of filling up all important higher positions in the state police from officers brought on deputation from other states..“The French follow the inquisitorial system where every stage of investigation of a criminal case is closely supervised or monitored by a qualified magistrate. This ensures a fair investigation..For example, all the range inspectors general of police, all commissioners and all the district SPs of a state can be appointed for a fixed tenure of two to three years and asked to get back to their parent states after their tenure..Also read: Anticipatory bail available to a person under arrest in a different matter, holds SC.To illustrate, the DGP of Kerala can come from Karnataka, Uttar Pradesh or West Bengal. The state government can call for applications from eligible officers from across the country and select from among them after an interview..This system is followed in the UK. For example, the police chief of West Yorkshire has to be from Sussex as he does not have any vested interest in the county. This will involve some family inconveniences to the individual officers, but it will be in the greater interest of society..Alternatively, we can also try establishing a commission to oversee the functioning of the police department. Having too many bodies overseeing the police will hamper its working and thereby dent its effectiveness..Abhish K. Bose: Police officers becoming the bête noire of political leadership is perhaps not a new development, but them becoming victims of political vendetta and persecution is a new thing..The prolonged incarceration of former Gujarat IPS officer Sanjiv Bhatt and the vilification of former Gujarat DGP R.B. Sreekumar are instances worth pondering over..Will the experience meted out to these two police officers influence the police officers to be careful in moving against political leadership even in instances that demand strong proactive actions? Please share your thoughts on this..D.V. Guruprasad: Implementing the suggestion given as an answer to the previous question will solve this problem because an officer coming on deputation from outside the state for an important post will not be amenable to political pressure as much as a person from within the state cadre..“We can think of filling up all important higher positions in the state police from officers brought on deputation from other states..Also, criminal law in India provides safeguards for actions done in the course of one's duty. Earlier, it was Section 197 of the Criminal Procedure Code and now it is Section 218 of the Bharatiya Nagarik Suraksha Sanhita..Also read: Statements regarding another PMLA case while in custody inadmissible, rules SC.Any officer who follows the rule of the law in its letter and spirit will not get into trouble for taking tough actions..Abhish K. Bose: Many of the cases charged by the police are languishing at different levels— from the magistrate courts to the higher courts— in which the trial faces inordinate delays. This is causing the cases getting bundled disproportionately without redress. Do you have any suggestions to solve the issue?.D.V. Guruprasad: Compounding of cases that have a punishment of less than one year's imprisonment by the police itself instead of taking them to court will reduce the burden on the judiciary. The Chief Justice of India and other legal stalwarts are also addressing this issue..Abhish K. Bose: A large number of criminal cases registered by the police of a silly nature are deferred to the courts resulting in the loss of a large quantum of time of the judiciary with no specific progress..Should such cases be entrusted to the adjudication of the mediation cell of the police, which will save the time and expenses of the judiciary? What is your opinion?.D.V. Guruprasad: My reply to the previous question covers this point. For example, in traffic offences, for all cases that are trivial or 'silly' in nature, police must be empowered to fine and let go of the offender..The fine amounts can range from ₹500 to ₹25,000. In fact, there can be a Central Compounding registry in the office of the SP or the police commissioner where all such cases are referred to every day and disposed of then and there..Abhish K. Bose: There are allegations that persons who are convicted in criminal cases are operating mobile phones inside the prisons, violating the rules. What are the reforms that should be implemented in prisons?.D.V. Guruprasad: This has been a perennial problem. Using mobile signal jammers is one solution. But as long as there are corrupt prison officials, cell phones are bound to be smuggled inside the prisons..“Compounding of cases that have a punishment of less than one year's imprisonment by the police itself instead of taking them to court will reduce the burden on the judiciary..Already in some jails, prisoners are allowed to make phone calls to their near and dear ones under the supervision of prison authorities. This may continue. Conducting regular raids by the police in the prisons will also solve this problem to a certain extent..Abhish K. Bose: What are your suggestions to stem the corruption among the police force?.D.V. Guruprasad: The only solution is to make the transfer and posting within the police department free from any non-police interference and to give a fixed tenure to officers. And to follow the guidelines given in the Prakash Singh judgment of the Supreme Court.