NEW DELHI: The Centre on Saturday asked State Governments to file individual affidavits in the Supreme Court, stating their positions on its direction on police reforms — including the setting up of State Security Commissions for selection and appointment of personnel to ensure complete autonomy in police administration.

With a majority of States taking the stand that the reforms ordered by the Supreme Court encroached upon the executive's jurisdiction, Union Home Minister Shivraj Patil told a gathering of Chief Ministers and Home Ministers that they should make their positions clear in court. The meeting was convened by the Union Home Ministry to discuss the judgment and the progress made by the State Governments in implementing its provisions.

While delivering the judgment in September 2006, the Court had asked the Central and State Governments to file compliance reports by January 3, 2007. The Centre's position is that it has already complied with the apex court's directions by giving security of tenure to those involved with public security administration: Cabinet Secretary, Home Secretary, Defence Secretary, Secretary (Research & Analysis Wing) besides the directors of the Intelligence Bureau and the Central Bureau of Investigation.

At the meeting, the Centre also circulated a model Police Act incorporating many provisions of the judgment including formation of Security Commissions, mechanisms to insulate the selection process from politics, security of tenure for Directors General of Police (DGPs) and the Inspector General-level officers, and a public grievance system. This, according to sources present at the meeting, was by and large not acceptable to the State Governments. Their contention was that law and order is a State subject.

At a separate briefing, Kerala Home Minister Kodiyeri Balakrishnan said all States were particularly opposed to the setting up of Security Commissions because it encroached upon their jurisdiction and the selection of DGPs from a panel decided by the Union Public Service Commission (UPSC). The Kerala Minister quoted Mr. Patil as stating that the Centre too was not in favour of DGPs being selected from a UPSC panel.

As for fixed tenure for police officers, many a State took the plea that it would make it impossible for the administration to transfer an official in a sensitive matter, particularly in a communal riot situation when circumstances may warrant his/her shifting to another post.

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