शनिवार, 18 मई 2013

Important Current Affairs Question for Civil Services Exam (pre) 2013- Part 18


601. Which of the following statements is false:

a) Nestle in January 2013 won a trademark lawsuit against Cadbury on the rights over the four fingered and three dimensional shape of the KitKat Chocolate Bar.
b) Nestle got the shape of KitKat registered in the year 2010.
c) The battle was won at the UK's Community Trade Mark Office and with this decision confectioners would not be allowed to sell any of their products in the same shape across the European Union.
d) As per the regulators claim the four-bar structure used by nestle is something, with which the customers worldwide are able to associate themselves to the brand.

Answer: (b)

602. The Nasscom Sector Skills Council (SSC) on 4 January 2013 signed a memorandum of understanding with NIIT to train one lakh students over the next three years for what purpose?

a) Knowledge Process Outsourcing and Business Process Outsourcing
b) Legal Process Outsourcing and Knowledge Process Outsourcing
c) None of these
d) Business/ Knowledge Process Outsourcing and Legal Process Outsourcing

Answer: (d) 

603. Where was the first wind power project commissioned by National Aluminium Co Ltd (Nalco) in the Month of January 2013?
a) Hyderabad
b) Tamil Nadu
c) Andhra Pradesh
d) Kochin

Answer: (c) 

604. Match the following. Who of the following chairman’s of finance commission of India is correctly matched?

i. 14th Finance Commission        Yaga Venugopal Reddy
ii. 4th Finance Commission          K.C Neogy
iii. 1st Finance Commission          P.V. Rajamannarr
iv. 12th Finance Commission        C. Rangarajan

a) Only i
b) The i and iv are rightly matched
c) The i and ii are rightly matched
d) The ii and i are rightly matched

Answer. (b) 

605. Which of the following statements mentioned below are true in relation to the Pilot Project of Crime and Criminal Tracking Systems launched in the month of January 2013?

i. The project was launched by the Union Home Minister of India, Sushil Kumar Shinde
ii. It aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing through adopting the principle of e-Governance.
iii. Success of the project would help in creation of a nation-wide environment for sharing the crime and criminal information on real-time basis and would connect 14000 police stations across the country
iv. Success of the project would make the Police functioning citizen friendly and more transparent by automating the functioning of Police Stations.

a) All the four statements are true
b) Statements ii, iii and iv are true
c) Statements ii and iv are true
d) None of the above mentioned statements are true

Answer. (a) 

606. The Ministry of Home Affairs on 2 January 2013 ordered foreign tourists not to indulge in the journalistic activities on a particular type of visas available with them. Name the type of visa on which the order was issued?

a) Journalist Visa
b) Tourists Visa
c) Employment Visa
d) Conference Visa

Answer. (b) 

607. India celebrated its 100th Indian Science Congress in the month of January 2013. Match the following options as per the city and the number of Science Congress.

i. 100th Indian Science Congress            a. Bhubaneshwar
ii. 99th Indian Science Congress             b. Kolkata
iii. 98th Indian Science Congress            c. Kolkata
iv. 1st Indian Science Congress              d. Chennai

a) Option i matches to option d, ii matches to c, iii matches to a and iv matches with d
b) Option i matches to option b, ii matches to a, iii matches to d and iv matches with c
c) Option i matches to option a, ii matches to b, iii matches to c and iv matches with d
d) Option i matches to option a, ii matches to c, iii matches to d and iv matches with b

Answer. (b)

608. Which of the following statements mentioned below is true?

i. The first successful and healthy intestinal transplant surgery in India was given to a software engineer on 24 November 2012 at Medanta Medicity, Gurgaon
ii. Union Science and Technology Minister S. Jaipal Reddy on 4 January 2013 declared that the Centre’s allocation for the science and technology and earth sciences ministry had been doubled for the 12th Plan period.
iii. Ministry of Home Affairs on 2 January 2013 ordered foreign tourists not to indulge in the journalistic activities on their Research Visa
iv. The Finance commission is set up after every five years and Article 280 of the Constitution provides for setting up of a finance commission to recommend how net earnings of taxes are to be divided between the Union and states and subsequently among the states.

a) Statement i, ii, and iii are true
b) All the statements are true
c) Statement i, ii, and iv are true
d) Statement ii, iii and iv are true

Answer. (c) 

609. India and Pakistan exchanged their nuclear units’ lists on 1 January 2013, as it is customary. This process of exchanging the list of the nuclear units of both the countries has been into process since when?

a) 1 January 1992
b) 1 January 1991
c) 1 January 1988
d) 1 January 2001

Answer. (a) 

610. Which of the following statements related to the exchange of the list of Nuclear Units between India and Pakistan as a part of its customary?

i. The list which contains the names of nuclear units of two countries, are exchanged between India and Pakistan as a custom and part of an agreement which prevents them from aiming the nuclear installations of each others’ nations
ii. This is a customary action as a part of Agreement on Prohibition of Attacks against Nuclear Installations and Facilities which was signed in December 1988.
iii. Diplomatic channels doesn’t intervene in the process of exchange of the lists between the two countries
iv. In 2011, the exchange of the list was delayed by 10 days and the exchange was successfully completed on 10 January 2011

a) All the statements are true
b) Statements i and ii are true
c) Statements i and iv are true
d) None of the above mentioned statements are true

Answer. (b) 

611. Israel’s Central Bureau of Statistics (CBS) in the last week of December 2012 revealed that the Jewish population of Israel passed the crucial mark for first time. What is the declared limit of crucial mark by the bureau?

a) 12 million
b) 4 million
c) 14 million
d) 6 million

Answer. (d) 

612. Name the first Asian country to Order Chemical Castration of Child Rapist?

a) South Korea
b) North Korea
c) Afghanistan
d) Russia

Answer. (a) 

613. US President Barack Obama on 3 January 2013 signed into law an annual Policy Bills, authorizing 633 billion dollars to be spent for 2013. The bill was earlier threatened by the White House to be exercised as a Veto. Name the Bill?

a) Annual Defence Policy Bill
b) Annual Employment Bill
c) Infrastructure Development Bill
d) Education Bill

Answer. (a) 

614. NASA in the first week of January 2013 unveiled that Mars Curiosity Rover has captured an image of a flower like object embedded on the rocks of Mars. It has also photographed a snake-like rock formation on the Martian Rocks. What was the name of microscope that captured the image?

(a) Light Microscopy Module
(b) Mars Hand Lens Imager
(c) Fluorescence light microscope
(d) None of these

Answer: (b) 

615. Scientists at the University of Edinburgh's School of Biological Sciences in the second week of January 2013 discovered that the oldest known super predator of the world was the marine crocodile. What is the name of this oldest known super predator of the world?

(a) Tyrant Swimmer
(b) Tylosaurus
(c) Predator X
(d) Basilosaurus

Answer: (a) 

616. Scientists at the Stanford University in the second week of January 2013, California developed an experimental drug called LM11A-31 which is claimed to help paralysed people reclaim their movements. Which of the following statements is true in context to this sentence?

(a) The new drug enabled the dogs which had no movements in lower limbs, to walk again with the coordinated steps.
(b) In the tests, it was also observed that the medication did not cause any pain in dogs.
(c) Blood brain barrier, which is responsible for protecting the central nervous system (CNS) from harmful chemicals carried in the bloodstream, was also crossed efficiently.
(d) None of these

Answer: (c) 

617. Which kind of wine can distort the results of testosterone level in body?

(a) White Wine
(b) Rose Wine
(c) Purple Wine
(d) Red Wine

Answer: (d) 

618. Which is the largest cosmic structure in the universe that is powered by super massive black holes clump together? This structure was discovered by the astronomers in the first week of January 2013.

(a) Large Quasar Group
(b) Galaxy Filaments
(c) Inflationary universe
(d) None of these

Answer: (a) 

619. The Government of China recently launched a postage stamp to mark the year 2013. Name the animal depicted on the postage stamp?

a) Lizard
b) Snake
c) Dragon
d) Rabbit
Answer: (b) 

620. Which of the statements mentioned below related to the Postage Stamp released by China to mark the year 2013 is true?

i. The snake depicts a reptile that carries a bright pearl in its mouth in form of a gratitude for the man, who was a savior of its life.
ii. The stamp carries a face-value of 1.20 Yuan i.e. 19 cents.
iii. The stamp along with its booklet worth 9.60 Yuan would be available at different post offices as well as the book stalls of the country
iv. Wu Guanying is the designer of this Snake Stamp and has taken the idea of offering it a flowery and auspicious look from Ancient Chinese Story

a) Statement i, ii and iii are true
b) Statement i, ii and iv are true
c) Statement ii, iii and iv are true
d) All the four statements are true.

Answer: (b) 

621. Barrack Obama, the US president signed into law the Former Presidents Protection Act of 2012. Which of the statements mentioned below are true in relation to the Act?
i. The Act has extended the life-time protection to the former American presidents as well as family which include the children till 16 years of age.
ii. The new Former Presidents Protection Act of 2012 also restores the lifetime Secret Service protection of the former presidents who were not serving as the President before 1 January 1997, along with their spouses.
iii. The fresh Act actually reversed the previous law in which limited Secret Service protection was provided to the former presidents as well as their families up to 10 years in case they served after 1997
iv. Former president George W Bush as well as future former presidents of the US would be entitled to receive this Secret Service protection for the lifetime.

a) Statement i, ii and iii are true
b) Statement i, ii and iv are true
c) Statement ii, iii and iv are true
d) All the four statements are true

Answer: (d) 

622. Malaysian Bar Council in January suggested its stand on chemical castration. Which of the following statement given below in relation to the punishment is False?

a) As per the Malaysia’s Bar Council chemical castration should be the treatment given to repeated sex offenders as the alternative kind of sentencing.
b) South Korean Court recently gave the order of first chemical castration of Asia to the pedophile.
c) The medical studies on this treatment hinted towards the fact that there exists no side-effects in cases of using chemical castration
d) There are already certain jurisdictions in the world that have made chemical castration a mandatory law for sex offenders. These nations include certain American states and Czech Republic. Other nations using it for several years are Sweden, Poland, Germany and Denmark.

Answer: (c) 

623. Which of the below mentioned events are true?

i. China denotes every preceding year of the calendar following the Zodiac Signs assigned number wise to represent or mark the year
ii. In case of Chemical Castration the President of Bar Council of Malaysia also announced that this alternative kind of sentencing required study in case it is needed to be applied in Malaysia
iii. US president signed into law the Former Presidents Protection Act of 2012, which extends life-time protection to the former American presidents as well as family which includes the children till 16 years of age.
iv. The latest stamp released by China carries has featured a colourful snake that holds a golden pearl in its mouth, with a pink peony flower on its head, which signifies honour and riches. The body of the snake represents all the four seasons by the peach blossom, lotus, plum blossom and chrysanthemum engraved on its body

a) Statement i, ii and iii are true
b) Statement i, ii and iv are true
c) Statement ii, iii and iv are true
d) All the four statements are true

Answer: (d)

624. Which Australian pace legend was inducted into the ICC Cricket Hall of Fame during the third Test between Australia and Sri Lanka starting from 4 January2013 in Sydney?

(a) Glenn McGrath
(b) Shane Warne
(c) Brett Lee
(d) Allan Border

Answer (a) 

625. Name the player of Indian cricket team who 4 January 2013  was named as CEAT International Cricketer of the Year 2012

(a) Yuvraj Singh
(b) Gautam Gambhir
(c) Sachin Tendulkar
(d) Virat Kohli

Answer (d) 

626. Which tennis player duo claimed the ladies double final at the Brisbane International?

(a) Sania Mirza and Mahesh Bhupati
(b) Sania Mirza and Bethanie Mattek-Sands
(c) Saian Nehwal and Bethanie Mattek-Sands
(d) Sania Mirza and Serena Williams

Answer (b) 

627. Name the tennis player who claimed the WTA Brisbane International trophy with her first ever single Brisbane International Title?

(a) Venus Williams
(b) Serena Williams
(c) Anastasia Sergeyevna Pavlyuchenkova
(d) Maria Sharapova

Answer (b) 

628. Name the third seeded Scottish tennis player who retained his Brisbane International Tennis Title after defeating the Bulgarian Grigor Dimitrov on 6 January 2013.

(a) Jamie Murray
(b) Andy Murray
(c) Roger Federer
(d) Ian Collins

Answer (b) 

629. Name the International Cricket Team with which India Lost the Series by 2-1 after it won the last match by 10 runs on 6th January 2013.

(a) England
(b) Australia
(c) Pakistan
(d) South Africa

Answer(c) 

630. Name the Argentine footballer who won FIFA Ballond’Or Award on 7 January 2013 as a reward to his 91-goal in a year for Barcelona and Argentina, in the year 2012.

(a) Lionel Messi
(b) Zavier Zanetti
(c) Oscar Ruggeri
(d) Gabriel Batistuta

Answer (a) 

631. Name the Indian Women Weightlifter who on 10 January 2013 Won Maiden National Title in National Weightlifting Championship 2013.

(a) Binitha Devi
(b) Amanpreet Kaur
(c) Manpreet Kaur
(d) Karnam Malleswar

Answer (c)

632. Which International cricket Umpire is supposed to become the first ever umpire to deliver, the MCC Spirit of Cricket Cowdrey Lecture scheduled to be delivered on 24 July 2013?

(a) Billy Bowden
(b) Steve Bucknor
(c) Rod Tucker
(d) Simon Taufel

Answer (d) 

633. Name the Olympic gold medalist who Won Athlete of the Year Award at JAAA Golden Cleats Awards Ceremony.

(a) Michael Phelps
(b) Usain Bolt
(c) Chris Roy
(d) Carl Lewis

Answer (b) 

634. Versace 19.69 Abbigliamento Sportivo, the Italian luxury brand for clothing entered into India through its partnership with which Indian apparel as well as leather exporter?

a) Majgenta Fashions
b) Levis Strauss
c) Pepe Jeans
d) Mango

Answer: (a)

635. Income Tax officials surveyed the Sriperumbudur plant of which mobile company in its day-long survey on 8 January 2013 in order to find out the tax default, if it existed?

a) Motorola
b) Samsung
c) Nokia
d) Sony Ericsson

Answer: (c) 

636. With which bank did the Chamber of Indian Micro, Small and Medium Enterprises (CIMSME) signed a Memorandum of Understanding (MoU) in Kolkata on 4 January 2013?

a) Dena Bank
b) State Bank of India
c) Axis Bank
d) Allahabad Bank

Answer: (d) 

637. Where did PR Fonroche, the joint venture of the French company Fonroche and the Indian company PR Clean Energy, on 10 January 2013 inaugurated a 5 MW Solar Plant in India?

a) Punjab
b) Rajasthan
c) Haryana
d) Chandigarh

Answer: (b) 

638. Microsoft in the month of January 2013 announced plans to shut down which service?

a) MS Office 2007
b) Skype
c) Windows Live Messenger
d) Bing

Answer: (c) 

639. Researchers at the University of California, San Diego, in the third week of January 2013 developed a fresh technique that enables surgeons to find out about the reach of tumours and helps them to decide which tissues should be removed for saving the healthy cells in cancer patients. What is the name of this new technique?

a) Laser Imaging
b) Molecular-Laser Imaging
c) Molecular-Targeted imaging
d) Target Imaging

Answer: (c) 

640. Kaspersky Lab, the Russian cyber security firm on 14 January 2013 revealed that India is one among various nations which are hit by the cyber spying which has been targeting governmental, diplomatic and scientific research organisations for around 5 years. What is the name of this cyber spying campaign?

a) Blue October
b) Red December
c) Blue December
d) Red October

Answer: (d) 

641. Which space agency released surprising pictures of the remains of huge river which ran across the Red Planet, Mars at some point of time, on 17 January 2013?

a) NASA
b) European Space Agency
c) Australian Space Agency
d) None of these

Answer: (b)

642. The meteorological authority of China issued yellow alert in various cities. Which of the following statements is not correct in this context?

a) Yellow alert indicated the presence of fog that shows dangerous smog levels in the northern as well as western regions of China.
b) The Beijing Municipal Environmental Monitoring Center website declared that the density of the PM2.5 particulates crossed the 700 micrograms per cubic meter level in various parts of Beijing.
c) Initially, it was found that the PM2.5 that is an indicator of the air quality had reached 500 point in certain monitoring stations.
d) PM2.5 is an indicator of the extent of pollution in the air.

Answer: (d) 

643. Astronomers had already discovered that the super-massive black holes which sit in the centres of various galaxies were growing faster. Professor Graham explained that every time there is a ten times increase in the stellar mass of the galaxy, it leads to around 100 times increase in the ______________. Fill in the blank with an appropriate option:

a) Mass of black hole
b) Density of black hole
c) Both of these
d) None of these

Answer: (a) 

644. Scientists at the Johns Hopkins University School of Medicine, US and Karolinska Institute in Sweden got a genetic get through into the main cause of arthritis. What, according to the scientists could be used for predicting the person who could potentially be at a risk of this disease?

a) Simple X-Ray
b) Simple Blood test
c) Simple Diagnosis
d) None of these

Answer: (b) 

645. A team at Intel, the computer hardware firm created a device, which is said to allow which renowned physicist of the world to communicate faster than before?

a) Nikola Tesla
b) Antoine Henri Becquerel
c) Max Planck
d) Stephen Hawking

Answer: (d) 

646. The researchers from EMBL- European Bioinformatics Institute (EMBL-EBI) in January 2013 developed a new method that allows storage of 100 million hours of high definition video in a cup of DNA. Which of the following statements is true in context to this?

a) The scientists in Cambridge downloaded all the 154 sonnets of Wordsworth on the strands of the synthetic DNA, a genetic storage device have been used.
b) Scientists were successful in encoding the information and reproduction of the Brad’s words with complete accuracy.
c) One sonnet from Shakespeare weighs 0.3 millionths of a millionth of a gram when written on the DNA and thus a gram of the DNA can easily store information that more than one million of compact disks (CDs) can store.
d) Scientists claimed that the genes can be used as the robust way to store information as the information once stored in it can be extracted from the mammoth bones, even after tens of thousands of years.

Answer: (c) 

647. In which Indian zoo were the thirty one Black Bucks killed by the stray dogs on 19 January 2013?

a) Kanpur Zoo
b) Lucknow Zoo
c) Delhi Zoo
d) Patna Zoo

Answer: (a)

648. Where was the Vulture Population Estimation-2013 conducted by the State Government?

a) Manas Tiger Reserve
b) Panna Tiger Reserve
c) Palamau Tiger Reserve
d) Pench Tiger Reserve

Answer: (b)

649. The leading software services exporter of India posted a very strong, unexpected 23 percent increase in the quarterly profit for October to December 2012 quarter. What is the name of this company?

a) Wipro
b) Tata Consultancy Services (TCS)
c) IBM
d) Satyam

Answer: (b) 

650. Air India on 17 January 2013 grounded the fleet of all six Boeing 787 dreamliners after US federal agency asked its airlines to ground the Boeing 787. What was the reason for grounding the fleet?

a) Employees went on strike
b) No funds for fuel
c) Safety hazard
d) None of these

Answer: (c) 

शुक्रवार, 17 मई 2013

Reforming the Indian Police


In the case relating to irregularities or even criminality in the allocation of coal blocks, where investigation was handed over to the CBI, the Supreme Court has taken strong objection to government intervention in proceedings pending before the agency and the Hon’ble Judges have remarked that they will not rest till CBI becomes independent of government control. This has once again led to clamour for police reforms.

Let us go to the Act which created the Indian Police, the Indian Police Act of 1861. The Preamble of the Police Act reads, “Whereas it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of crime …” Let us compare this with the Delhi Police Act 1978, which followed 117 years later. The Preamble to this Act reads, “An Act to amend and consolidate the laws relating to the regulation of the police in the Union Territory of Delhi”. This Act does not in any way detract from the objective of the 1861 Act which was to make the police a more efficient instrument for the prevention and detection of crime. In other words, the primary function of the police is to prevent and detect crime and it is for this purpose that we have organised a police force. Section 23 of the Police Act of 1861 reads as under:- “It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice; and to apprehend the persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exists…” When we look at the Delhi Police Act of 1978 we find that under sections 59 and 60 the provisions of section 23 of the Police Act of 1861 have been elaborated but in essence the duties of the police remain as was prescribed in 1861. Even in the Model Police Bill prepared by the Soli Sorabji Committee this position has not substantially changed. The duty of the police is to prevent offences from taking place, investigate crimes when they occur and apprehend criminals. This is fundamental to every police force in the world.

The Police Act notwithstanding, the principal powers and functions of the police are given in the Code of Criminal Procedure. For example, the power to arrest persons is given in chapter V Cr.P.C. and in effecting an arrest the police officer is bound by the provisions of law. He has no arbitrary powers, nor can an unauthorised person direct or pressurise a police officer to arrest any person or persons. In fact section 60A Cr.P.C. is very specific in this behalf and it reads, “Arrest to be made strictly according to the Code: No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest”. A Magistrate, a Judge, a superior police officer who is directly connected with the case in hand may order the arrest of a person but certainly no minister, no politician, no other officer can give such an order to the police. If such an order is given the police must ignore it.

Chapter X Cr.P.C. gives the Executive Magistracy and the police the additional duty of maintaining public order and tranquility. In other words, the police is responsible for ensuring that law and order is maintained. For this purpose it is empowered to use force, including lethal force, to disperse an unlawful assembly, to prevent riots and to ensure that there is peace and tranquility. Chapter XI reminds the police that it is its duty to interpose for the purpose of preventing the commission of any cognisable offence. Preventive action, therefore, is not only permissible, it is enjoined and failure to take preventive action could be treated as dereliction of duty. A police officer may arrest without a warrant a person designing to commit a cognisable offence and to intervene to prevent injury to public property. Once again the police is required to follow the law and intervene whenever there is adequate information to suggest that a cognisable offence may be committed. In this behalf the police is not subordinate to anyone and must act according to law.

Chapter XII Cr.P.C. is one of the most important parts of the Code of Criminal Procedure because it is under this chapter that the police registers information in relation to a cognisable offence and then proceeds with its investigation, arrives at a conclusion about the person or persons against whom there is sufficient evidence to establish a prima facie case, or decides that no case is made out against any person and, therefore, the case should be closed with the permission of a competent court. This is the chapter under which the police presents a challan before a Magistrate and if the Magistrate takes cognisance thereon, the police thereafter proceeds to help the prosecution in the trial which would follow.

In the matter of investigation the police, which includes the Delhi Special Police Establishment in whose name CBI takes action, is totally immunised from pressure by anyone. There are only three authorities which can ask questions to the police regarding an investigation. The first is the superior police officer who, under section 36 Cr.P.C. by virtue of his right to exercise the same power as the officer incharge of the police station located within his jurisdiction, can call the station officer to account. The second is a designated police officer who is so directed by the state government under section 158 Cr.P.C to be the channel through whom a report under section 157 is to be forwarded by the station officer to a competent magistrate. Such superior officer may give instructions to the officer incharge of the police station as he thinks fit and may record such instructions on the report under section 157 while forwarding it to the Magistrate. The limitation here is that no officer who is competent to give directions to the station officer may order him to function in contravention of law, add to the charge-sheet names of the persons against whom no prima facie case is made out or delete from the list persons against whom there is a prima facie case. The instructions have to be aimed at improving the quality of the investigation and nothing more and nothing less.

A third authority would be the Magistrate before whom the report is presented. Under section 159 Cr.P.C. a Magistrate may direct investigation, depute a subordinate magistrate to hold a preliminary enquiry or himself hold such enquiry. Such intervention is legal and lawful, but it cannot replace the police investigation, nor can it result in the police being given instructions which are not lawful. When the investigation is completed and the police officer sends his report under section 173 to a Magistrate, either by way of a challan or as a final report requesting permission to close the case, such report may be submitted through a superior police officer designated under section 158 and such officer may either immediately forward the report to the Magistrate or order further investigation. Once, however, the challan has been presented the responsibility passes to the Judiciary for further action, except to the extent that under section 173 Cr.P.C even after the challan is presented the police is competent to make supplementary investigation and forward a further report to the Magistrate.

This elaboration of law becomes necessary in order to explain that in the law as it stands today there is an absolute bar on anyone, other than a superior police officer or a Magistrate, to intervene in the investigation of an offence. The Chief Minister, the Minister in charge of Home, their officers, other politicians, members of the media, people at large are totally precluded from any role in the investigation of an offence. The autonomy of the police in this behalf is absolute and it has been so ever since the British established the present system of policing and justice in India. The amendments to the Code of Criminal Procedure, various Acts governing the police, have not altered this position, that is, in the investigation and prosecution of offences the police is totally independent of any executive or political authority. This does not mean that if the police needs legal advice it cannot refer the matter to the Home Department for obtaining the advice of the Law Department, of the Advocate General or the Attorney General, but this has to be done formally, specific questions have to be forwarded for a clarification or advice and the legal advice must be in writing and in the form of an opinion. It can never take the form of a directive because ultimately the decision whether to prosecute or not and the charges on which the prosecution is to be done rests with the investigating officer. The Law Ministry or Law Department cannot given any directive whatsoever to the police in this behalf. This becomes all the more important in the light of the DSPE/CBI investigation of the cases relating to coal allocation. The mistake that the DSPE made was in showing a status report meant for submission to the Supreme Court to the Union Law Minister, the Attorney General and certain officers representing the Coal Ministry and the Prime Minister’s Office. These are all persons who have no authority whatsoever in either suggesting to the police or directing it to change any part of the report. This is all the more so because DSPE had not made any formal reference for legal advice and, therefore, all the unauthorised interveners were acting without jurisdiction. Whose fault is this? Certainly the law cannot be faulted because some persons violated the law. It is the Director of the SDPE/CBI and his officers who acted wrongly in answering a summons by the Law Minister. What they should have done is to politely but firmly tell him that they would be unable to share any information with him regarding a specific case. The Supreme Court can direct that officers shall obey the law, but if an officer chooses to ignore this direction the only remedy is to punish him. Any other action by the Supreme Court in the face of the existing clear provisions of law would be tautological and uncalled for.

Having established that the existing law gives the police complete freedom in the matter of investigation of offences and for which the police must be protected from undue influence or pressure, what are the areas in which government may and in fact should give directions to the police and what is the manner of discharging accountability in the matter of the functioning of the police? When we talk of police reforms we must take these into account. First and foremost it must be recognised that the police is a part of the executive government, created by law and as such it is both a creature of law and a servant of society as part of the Executive. To state that the Executive has no rule to play in the matter of policing is something which is totally unacceptable. The Executive brings legislation before the Legislature to further its own ability to perform as an effective organ of the State. This authority of the Executive cannot be diluted. Similarly, it is the Legislature which legislates, even in matters relating to the police and this authority also cannot be diluted. The power of superintendence over the police, including the Delhi Special Police Establishment or CBI constituted under any law creating it, will have to continue to vest in the Executive, if for no other reason than the fact that rules, regulations, etc., framed under the Police Act, any Police Act, would come under the definition of delegated legislation and would form an extension of the law in question. Delegated legislation cannot be further delegated to subordinate authorities and, therefore, the ultimate arbiter of what rules and regulations will govern the police has to be the Executive Government.

The police, in addition to the matter of offences also is a guardian of public peace and tranquility. This calls for certain regulatory powers to the police and executive magistracy, including regulating the congregation of people, prescribing instructions and standing orders regarding traffic movement, processions and assemblies, public meetings, etc. Standing orders or procedures of how to deal with a law and order situation, a mob, and an adamant procession must contain the instructions which government wants the police to follow. It is legitimate for government to state how force can be used, the quantum of force which may be used and the attitude of the police towards different types of assemblies. For example, government may desire that a crowd largely made up of women and children, students, a religious congregation, etc., should be handled with great restraint by the police even faced by the increasing defiance of orders by the assembly. It would not be permitted to use extreme force against persons who are individually quite helpless. Similarly, an agitation by students, workers with a genuine grievance, people who are handicapped would have to be dealt with patiently, sympathetically and with great restraint and government must make this clear to the police. On the other hand a violent riot in which there is arson, deadly assault, looting and in particular violence aimed at a particular community must be dealt with very firmly, with adequate force being applied at the earliest juncture to bring the situation under control. Here the police must act swiftly and if the use of firearms is called for, the police must do so, though under strict fire discipline. Here the instructions of government would be different from those relating to a collection of women and children. The power of superintendence covers all this. It goes further. If a police officer disobeys instructions or is derelict in his duty government should call him to account immediately and award suitable punishment. In this matter the subordination of the police to government has to be complete and there is no way in which the police can be made independent in this behalf. This does not mean that they will work under undue constraint, but they will observe the instructions given in this behalf by government, follow instructions or pay an immediate price.

It is argued that government should virtually have no power in the matter of postings and transfers of police officers. It is considered that one of the things which sap morale is arbitrariness in personnel management and, therefore, such arbitrariness must be removed. This is a principle which applies across the board to all government organisations and should not be restricted to the police only. There must be a specific policy regarding postings and transfers, but such a policy cannot eliminate government altogether from personnel management of the police. If there are charges of misconduct against a police officer, which are raised in the Legislature, can the Chief Minister or the Home Minister turn around and state that he has no authority in this behalf? Legislators can legitimately demand that if the law does not authorise the government to even look into police misconduct, except on the advice of a complaints authority which may take its own sweet time in reaching a decision, then the law should be changed and this would have to be done notwithstanding any instructions given by any court, including the Supreme Court.

Let us carry the argument further. At present the District Magistrate is an agency not under the police but with certain powers under the Police Act. Even the Soli Sorabji Committee has not recommended dilution of these powers. However, there is another power that the DM has, which is that people who have a grievance against the police can go to him and without in any way intervening in any matter in which the police has exclusive jurisdiction, he can at least ask the Superintendent of Police about the specific complaint made to him and then take steps to persuade the police to settle the grievance. This is an immediate remedy available to people against police excesses and so far it has been working fairly well. The grievances redressal machinery suggested by Soli Sorabji Committee and pleaded for before the Supreme Court by persons who are fighting a series of writ petitions in the form of Public Interest Litigation, would be procedure bound and would not be able to give quick relief to a person who has a complaint against the police. Imagine the fate of a person illegally detained by the police, not having the wherewithal to approach a court of law and being kept at the tender mercy of the police, which has its own agenda. To whom should such a person turn? By the time the grievance redressal machinery swings into action the man may have already faced humiliation, illegal detention, physical violence amounting to torture and worse. Should there not be someone on the ground by whom at least his complaint can be looked at and the police be made immediately accountable for its actions?

We are not living in Britain or Scandinavia. We are living in India in which, like other arms of government, the police also can be arbitrary, venal, either deliberately or unknowingly uninfluenced by law and, perhaps, in some sort of arrangement with the very criminals it is supposed to suppress. One wants a civilised police force just as one wants an educated teacher and an honest revenue official, a knowledgeable forest official, a transport department which is not steeped in corruption and a municipality which actually serves the people. The police cannot be the only organisation to be subjected to reform, nor can the police be left to its own devices in which government virtually has no power to correct wrongdoing and, in the name of autonomy, accountability is shown the door. These are all factors which must be taken into account when we talk of police reforms. It is not an easy task, but there have to be two different but parallel approaches to reforming the police. The first is to remind the police of its own authority under law and then keep a strict vigil to ensure that the police actually functions according to the law. The second, equally important approach is that whereas arbitrariness by officials and politicians in dealing with the police is eliminated, the system of accountability is tightened and the police must be forced to render account and tread the right path. That, according to me, is the true reform of the police.

Dr M N Buch, Dean, Centre for Governance and Political Studies, VIF

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