Punjab Vidhan Sabha passes Bill that empowers state govt to appoint DGP

The Aam Aadmi Party (AAP) government in Punjab Tuesday passed the Punjab Police (Amendment) Bill, 2023, to amend and substitute key clause and sub-clauses in The Punjab Police Act, 2007, for the appointment of state DGP, which if enacted will empower the state government to appoint a DGP of its own choice.

As per the guidelines laid down by the Supreme Court in former DGP Prakash Singh petition on police reforms, the state government is supposed to send a panel of eligible officers to the Union Public Service Commission (UPSC) which will shortlist three officers from the panel and the state government would select an officer of its choice among those three.

However, the Punjab Police (Amendment) Bill, 2023, passed by the Punjab Vidhan Sabha on Tuesday circumvents that procedure, empowering the Punjab government to form a seven member Empanelment Committee to form a panel of three senior-most officers, out of the pool of the eligible officers, based on their length of service, very good record and range of experience for heading the police force.

The amendment Bill which amends section 6 of the Punjab Police Act 2007 also has a provision which reads, “The provisions of this section shall prevail notwithstanding anything contained in any judgement, order or decree of any Court”.

“As per the amendment Bill, after enacted as an Act, the State government would be empowered to appoint DGP of choice among the three officers shortlisted by the committee.

The AAP government in the State has underlined “public order” and “police” appearing in the “State list under the seventh schedule of the Constitution of India, 1950” and asserted that “the Constitutional framework envisions a ‘federal structure’ – wherein the States are exclusively empowered, through its legislature, to enact laws concerning ‘public order’ and ‘police’.”

“It is necessary to put in place a proper mechanism for selection/appointment and removal of DGP (HoPF – read the head of the police force) which takes into consideration the peculiar challenges faced by the State of Punjab by virtue of being a border-State. In order to achieve this objective, it is proposed to amend section 6 of the Punjab Police Act, 2007,” read the written Statement of Objects and Reasons by CM Mann.

The proposed seven-member committee in the amendment Bill comprises of a retired chief justice or a retired judge of Punjab and Haryana High Court as the Chairman; the administrative secretary of Punjab home department as Member-cum-Convenor; and the Punjab chief secretary, a nominee of the UPSC, the Chairman or the nominee of Punjab Public Service Commission, a nominee of the Union home ministry, a retired Director General of Police who has served as the head of the police force in the State of Punjab as members of the Empanelment Committee.

As per the UPSC norms in prevalence, the State government is supposed to send a panel of eligible officers to the five member committee of the UPSC comprising of Chairman or in his absence member UPSC as president; Union home secretary or his nominee not below the rank of Special Secretary to the Central government; Chief Secretary of the concerned State government; DGP of the concerned State government; and an officer amongst the head of the Central Police Organisations not belonging to the cadre for which selection is being made, nominated by the Centre.”

The AAP government move to amend the Punjab police Act 2007 is being seen in the backdrop of continuation of 1992-batch IPS officer as acting DGP of Punjab and appointing him as regular DGP. The Union home ministry in March this year had asked why Punjab government was still continuing with officiating DGP and not sending a panel for appointment of regular DGP.

Yadav was handpicked by the AAP government in Punjab to lead the police force as officiating DGP in the first week of July this year, after then regular DGP, 1987-batch IPS officer Viresh Kumar Bhawra went on a two-month leave after spate of violent incidents put then newly formed Aam Aadmi Party (AAP) government in Punjab under a tight spot and vehement criticism from the opposition parties.

At the time he was appointed as the officiating DGP, Yadav had superseded at least five IPS officers of Punjab cadre in terms of seniority in cluding 1987-batch IPS officer Dinkar Gupta (the former Punjab DGP who is currently on Central deputation and posted as National Investigation Agency (NIA) chief.