PRAKASH SINGH Vs. UNION OF INDIA
LAWS(SC)-2006-9-53
SUPREME COURT OF INDIA
Decided on September 22,2006

PRAKASH SINGH Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

VINEETNARAIN VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

OUTDOORS COMMUNICATION VS. PWD AND MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2007-8-280] [REFERRED TO]
MANISH KUMAR DIXIT AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-12-210] [REFERRED TO]
CHANDRA SHEKHAR RAWAT VS. STATE OF U P [LAWS(ALL)-2012-12-75] [REFERRED TO]
SRAVAN KUMAR MISHRA VS. STATE OF U.P. THROUGH THE PRINCIPAL SECY., HOME DEPT. AND ORS. [LAWS(ALL)-2010-7-448] [REFERRED TO]
DEVENDRA BAHADUR SINGH VS. STATE OF U P [LAWS(ALL)-2010-7-567] [REFERRED]
NAGENDRA SINGH VS. STATE OF U P AND ORS [LAWS(ALL)-2011-2-511] [REFERRED]
PRATAP NARAIN GUPTA AND ORS. VS. STATE OF U.P. THROUGH ITS PRINCIPAL SECY. DEPT. OF HOME [LAWS(ALL)-2010-8-430] [REFERRED TO]
SANJAY NATH TIWARI VS. STATE OF U P [LAWS(ALL)-2014-8-175] [REFERRED TO]
NAYI KAUSHALKUMAR KANUBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2019-3-199] [REFERRED TO]
BADRI PRASAD BARUWATI VS. STATE OF ASSAM [LAWS(GAU)-2019-2-126] [REFERRED TO]
RAJKUMAR SHARMA VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-7-454] [REFERRED TO]
RAGHVENDRA SINGH CHAUHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-7-29] [REFERRED TO]
RANJIT SINGH BATH AND ANOTHER VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2016-9-5] [REFERRED TO]
THOKCHOM VIKRAMJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2018-3-4] [REFERRED TO]
COMMON CAUSE (A REGISTERED SOCIETY) VS. UNION OF INDIA [LAWS(SC)-2021-9-19] [REFERRED TO]
KALPANA MEHTA AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-5-31] [REFERRED TO]
PRAKASH SINGH & ORS VS. UNION OF INDIA [LAWS(SC)-2018-7-163] [REFERRED TO]
MOHD. MUSTAFA VS. UNION OF INDIA [LAWS(SC)-2021-11-26] [REFERRED TO]
SANJAY KUMAR SINGH VS. STATE OF U. P. [LAWS(ALL)-2022-8-138] [REFERRED TO]
PRAMOD KUMAR VS. BIHAR VYAVASAYIK SANGHARSH MORCHA [LAWS(SC)-2007-8-61] [REFERRED TO]
STATE OF U P VS. RADHEY SHYAM VARMA & OTHERS [LAWS(ALL)-2016-2-368] [REFERRED]
RAM CHET VS. STATE OF U P [LAWS(ALL)-2010-1-72] [REFERRED TO]
PRAKASH SINGH VS. UNION OF INDIA [LAWS(SC)-2007-1-104] [REFERRED TO]
ANU RADHA VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2009-7-279] [REFERRED]
T.S.R. SUBRAMANIAN VS. UNION OF INDIA [LAWS(SC)-2013-10-71] [REFERRED TO]
DR. JAYA THAKUR VS. UNION OF INDIA [LAWS(SC)-2023-7-28] [REFERRED TO]
S. N. PATHAK VS. STATE OF M.P. [LAWS(MPH)-2019-4-188] [REFERRED TO]
OM PRAKASH SHARMA VS. STATE OF M. P. [LAWS(MPH)-2021-3-49] [REFERRED TO]
YUVRAJ SINGH VS. STATE OF U.T. [LAWS(P&H)-2014-10-27] [REFERRED TO]
SHAKTI VAHINI VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-3-48] [REFERRED TO]
KRISHNAKANT TAMRAKAR VS. STATE OF MADHYA PRADESH [LAWS(SC)-2018-3-75] [REFERRED TO]
GAMKEN BAM VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2022-8-68] [REFERRED TO]
S RAMESH VS. CHAIRMAN, POLICE COMPLAINTS AUTHORITY [LAWS(MAD)-2019-7-212] [REFERRED TO]
Arjun Ram VS. State of Jharkhand [LAWS(JHAR)-2011-3-349] [REFERRED TO]
ADARSH G K VS. STATE OF KARNATAKA [LAWS(KAR)-2018-7-483] [REFERRED TO]
IN RE: GOVERNMENT OF ASSAM VS. STATE [LAWS(GAU)-2010-11-62] [REFERRED TO]
BHANU PRATAP VS. STATE OF U P [LAWS(ALL)-2009-1-99] [REFERRED TO]
P. ARULJOTHI IN W.P. NO. 33987 OF 2015 VS. UNION OF INDIA [LAWS(MAD)-2017-11-386] [REFERRED TO]
RAM BAHADUR SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-7-81] [REFERRED TO]
S GEORGE VS. DIRECTOR GENERAL OF POLICE CHENNAI [LAWS(MAD)-2008-4-381] [REFERRED TO]
MD YUNUS VS. STATE OF BIHAR [LAWS(PAT)-2016-9-77] [REFERRED]
R.N. PARTETI VS. STATE OF M.P. [LAWS(MPH)-2019-8-120] [REFERRED TO]
RANGARAJU VS. STATE OF KARNATAKA [LAWS(KAR)-2023-5-383] [REFERRED TO]
PRAYAR GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2017-11-232] [REFERRED TO]
PRAYAR GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2018-1-33] [REFERRED TO]
SURESH CHAND GAUTAM VS. STATE OF UTTAR PRADESH [LAWS(SC)-2016-3-35] [REFERRED TO]
JANARDAN VASANT PATIL VS. DIRECTOR GENERAL OF POLICE [LAWS(BOM)-2016-9-23] [REFERRED TO]
ANIL VASANTRAO DESHMUKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-7-90] [REFERRED TO]
MEDHA PATKAR VS. STATE [LAWS(BOM)-2023-9-165] [REFERRED TO]
MOHAMMAD QASIM VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2014-10-168] [REFERRED TO]
RAM ADHAR MAURYA VS. STATE OF U P [LAWS(ALL)-2015-1-182] [REFERRED TO]
UDAI PAL PANDEY S/O VISHAMBHAR DAYAL PANDEY VS. STATE OF U.P. THRU PRIN. SECY. HOME AND ORS. [LAWS(ALL)-2010-4-379] [REFERRED TO]
DEV NANDAN UPADHYAY VS. STATE OF U P [LAWS(ALL)-2012-12-76] [REFERRED TO]
MATA PRASAD SINGH, C.C.P. AND ORS. VS. STATE OF U.P. THROUGH SECY., DEPT. HOME AND ORS. [LAWS(ALL)-2010-7-445] [REFERRED TO]
CONSTABLE CP 201 VINOD KUMAR VS. STATE OF U.P. [LAWS(ALL)-2010-8-202] [REFERRED TO]
RAM PRIYA TRIPATHI AND ANR VS. STATE OF U P [LAWS(ALL)-2010-8-606] [REFERRED]
CONST. NO. 123 (C.P.) SUNIL KUMAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-474] [REFERRED TO]
YOGENDRA SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-476] [REFERRED TO]
State of Karnataka Represented by its Chief Secretary Government of Karnataka Bangalore VS. Sri Ravindranath P.V., AGA) Sri. A.R. Infant I.P.S. Karnataka Cadre and others [LAWS(KAR)-2012-5-47] [REFERRED TO]
ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAM VS. UNION OF INDIA [LAWS(MAD)-2008-4-123] [REFERRED TO]
HOSHIYAR SINGH VS. STATE OF U P [LAWS(ALL)-2009-1-48] [RELIED ON]
ARVINDKUMAR JIVANLAL DALAL VS. STATE OF GUJARAT [LAWS(GJH)-2021-9-1545] [REFERRED TO]
ANAMI NARAYAN ROY VS. SUPRAKASH CHAKRAVARTHY INDIAN INHABITANT [LAWS(BOM)-2009-2-54] [REFERRED TO]
R R TRIPATHI VS. UNION OF INDIA [LAWS(BOM)-2008-10-156] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2006-12-21] [REFERRED TO]
CHIDANANDA URS B.G. VS. STATE OF KARNATAKA [LAWS(KAR)-2022-8-531] [REFERRED TO]
PANKAJ KUMAR VS. STATE OF U P [LAWS(ALL)-2011-4-90] [REFERRED TO]
PHOOL CHANDRA VS. STATE OF U.P. THROUGH PRINCIPAL SECY., HOME AND ORS. [LAWS(ALL)-2010-7-449] [REFERRED TO]
CONSTABLE DEVENDRA BAHADUR SINGH VS. STATE OF U.P. THROUGH PRIN. SECY., HOME DEPTT. AND ORS. [LAWS(ALL)-2010-7-451] [REFERRED TO]
PATEL SHIVANIBEN MAHESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-171] [REFERRED TO]
STATE OF KARNATAKA VS. A R INFANT I P S [LAWS(KAR)-2012-5-4] [REFERRED TO]
RAHUL SHARMA, I.P.S. (RETD.) VS. STATE OF GUJARAT & 1. [LAWS(GJH)-2017-12-37] [REFERRED TO]
GEGONG APANG VS. STATE OF ARUNACHAL PRADESH AND ORS. [LAWS(GAU)-2009-6-68] [REFERRED TO]
RENJITH J.V. VS. STATE OF KERALA [LAWS(KER)-2020-8-290] [REFERRED TO]
BALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2021-7-113] [REFERRED TO]
S SIVABALAN VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2011-1-6] [REFERRED TO]
K SELVAMANI VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-4-52] [REFERRED TO]
PRAMOD KUMAR VS. UNION OF INDIA [LAWS(MAD)-2013-4-78] [REFERRED TO]
MOHAN SINGH TOMKIYAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-7-3] [REFERRED TO]
VIVEK SINGH AND OTHERS VS. CONTSTABLE MOHAN SINGH TOMKIYAL [LAWS(UTN)-2016-11-7] [REFERRED TO]
UMESH GARG VS. STATE OF MP [LAWS(MPH)-2014-8-71] [REFERRED TO]
GUDDOO AND OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-494] [REFERRED TO]
MUNNA GODIA VS. STATE OF U P [LAWS(ALL)-2017-9-277] [REFERRED TO]
JHEER AHMAD VS. RAJASTHAN [LAWS(RAJ)-2021-2-238] [REFERRED TO]
RAGHVENDRA SINGH CHAUHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-5-581] [REFERRED TO]
ANIL SHARMA VS. STATE OF M.P. [LAWS(MPH)-2018-10-127] [REFERRED TO]
DATTATRAYA R. KARALE VS. SHEKHAR BALASAHEB GENBHAU [LAWS(BOM)-2024-3-75] [REFERRED TO]
S.S.P. YADAV AND ORS. VS. GOVERNMENT OF A.P. AND ORS. [LAWS(CA)-2010-1-1] [REFERRED TO]
RAJ KUMAR JHA VS. UNION OF INDIA [LAWS(CA)-2012-9-8] [REFERRED TO]
STATE VS. ASHOK KUMAR JAIN [LAWS(DLH)-2014-2-178] [REFERRED TO]
HARISH MAGANLAL BAIJAL VS. THE STATE OF MAHARASHTRATHROUGH THE ADDITIONAL CHIEF SECRETARY AND ORS. [LAWS(BOM)-2011-10-157] [REFERRED TO]
VISHNU KANT JHA VS. STATE OF U.P [LAWS(ALL)-2013-10-374] [REFERRED TO]
UMA SHANKAR TRIPATHI VS. STATE OF U P [LAWS(ALL)-2011-3-95] [REFERRED TO]
MANBODH BAHADUR YADAV S/O LATE RAM LAKSHAN YADAV VS. STATE OF U.P. THRU PRINCIPAL SECRETARY, HOME [LAWS(ALL)-2010-7-450] [REFERRED TO]
VINOD KUMAR VS. STATE OF U P [LAWS(ALL)-2010-8-59] [REFERRED TO]
STATE OF U P VS. C P RAVINDRA SINGH [LAWS(ALL)-2011-2-14] [REFERRED TO]
CONST309/1161 CP UDAY VEER SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-439] [REFERRED TO]
THE REGISTRAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-156] [REFERRED TO]
T. SUNEEL KUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2013-3-61] [REFERRED TO]
DEVI VS. EXECUTIVE MAGISTRATE-CUM-DEPUTY COMMISSIONER OF POLICE [LAWS(MAD)-2020-9-768] [REFERRED TO]
BALAMURUGAN VS. STATE [LAWS(MAD)-2020-9-888] [REFERRED TO]
STATE OF U P & OTHERS VS. VASUDEV YADAV & ANOTHER [LAWS(ALL)-2016-2-370] [REFERRED]
PRAKASH SINGH AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2011-4-156] [REFERRED TO]
STATE OF U P VS. CHHOTEYLAL [LAWS(SC)-2011-1-38] [REFERRED TO]
PREMILABEN R JAISWAL VS. B M JADEJA [LAWS(GJH)-2007-5-25] [REFERRED TO]
STATE OF KERALA VS. UNNI [LAWS(KER)-2012-12-232] [REFERRED TO]
Y AKBAR AHMED VS. SECRETARY HOME DEPARTMENT, GOVERNMENT OF TAMILNADU [LAWS(MAD)-2019-4-62] [REFERRED TO]
DEV SUMAN DUBEY VS. STATE OF U P [LAWS(ALL)-2009-4-382] [REFERRED TO]
SHANKAR MAHADEV BIDRI IPS VS. UNION PUBLIC SERVICE COMMISSION [LAWS(KAR)-2011-6-46] [REFERRED TO]
RAJESH TIWARI VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-7-190] [REFERRED TO]
DR. T.P. SENKUMAR IPS VS. UNION OF INDIA & ORS. [LAWS(SC)-2017-4-92] [REFERRED TO]
JOGINDER SINGH MANN AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-11-113] [REFERRED TO]
BRIJ MOHAN LAL VS. UNION OF INDIA [LAWS(SC)-2012-4-18] [REFERRED TO]
SALIL SABHLOK VS. UNION OF INDIA [LAWS(P&H)-2011-8-69] [REFERRED TO]
YOGENDRA PAL SINGH VS. STATE OF U P [LAWS(ALL)-2009-5-458] [REFERRED TO]
SATTE OF KERALA VS. UNNI [LAWS(KER)-2012-12-245] [REFERRED TO]
A.P. ABBU GOUNDER VS. D.K. GOEL [LAWS(MAD)-2013-2-138] [REFERRED TO]
NIPENDRA SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-5-68] [REFERRED TO]
THOMAS PALLICKAPARAMBIL VS. STATE OF KERALA [LAWS(KER)-2019-1-25] [REFERRED TO]
A P CIVIL LIBERTIES COMMITTEE VS. GOVERNMENT OF A P [LAWS(APH)-2009-2-90] [REFERRED TO]
JAGANNATH PRASAD GAUR VS. STATE OF UP [LAWS(ALL)-2010-9-33] [REFERRED TO]
STATE OF U P VS. JAGANNATH PRASAD GAUR [LAWS(ALL)-2010-5-55] [REFERRED TO]
NANDESH SINGH VS. STATE OF U P [LAWS(ALL)-2010-10-46] [REFERRED TO]
HARDWARI LAL VERMA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-4-525] [REFERRED TO]
VIJAY CHANDRAPRAKASH SHARMA VS. JOINT COMMISSIONER [LAWS(BOM)-2013-8-178] [REFERRED TO]
STATE OF MAHARASHTRA VS. ANURADHA SUBHASH DHUMAL [LAWS(BOM)-2021-9-133] [REFERRED TO]
REGISTRAR, HIGH COURT OF BOMBAY, BENCH AT AURANGABAD VS. STATE OF MAHARASHTRA, THROUGH IT S SECRETARY, OF HOME DEPARTMENT, MANTRALAYA, MUMBAI [LAWS(BOM)-2018-2-268] [REFERRED TO]
STATE OF U P & OTHERS VS. OM PRAKASH SINGH & OTHERS [LAWS(ALL)-2016-2-369] [REFERRED]
STATE OF U P & OTHERS VS. DINESH KUMAR SHUKLA & OTHERS [LAWS(ALL)-2016-2-371] [REFERRED]
SANDEEP YADAV VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-207] [REFERRED TO]
PRAKASH KAPADIA VS. COMMISSIONER OF POLICE (AHMEDABAD CITY) [LAWS(GJH)-2012-11-245] [REFERRED TO]
SAFIYA SULTANA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2021-1-42] [REFERRED TO]
PRAKASH SINGH AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2010-11-116] [REFERRED TO]
GURMINDER SINGH VS. UNION TERRITORY AND OTHERS [LAWS(P&H)-2013-5-335] [REFERRED TO]
AWADHESH PRASAD SHUKLA VS. STATE OF M P [LAWS(MPH)-2014-4-180] [REFERRED TO]
KRIPA SHANKAR DWIVEDI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-2-245] [REFERRED TO]
DERAVAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-7-135] [REFERRED TO]
ANOOP BARANWAL VS. UNION OF INDIA [LAWS(SC)-2023-3-130] [REFERRED TO]
GOPAL GUPTA VS. STATE OF BIHAR [LAWS(PAT)-2021-3-22] [REFERRED TO]
SURESH KUMAR PAL VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-471] [REFERRED TO]
PRADEEP YADAV VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-473] [REFERRED TO]
KRISHNA KUMAR PANDEY, S.I. VS. STATE OF U.P. [LAWS(ALL)-2013-12-174] [REFERRED TO]
VINOD KUMAR AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-7-412] [REFERRED TO]
SMT. RAM PRIYA TRIPATHI AND ANR. VS. STATE OF U.P. THROUGH ITS PRINCIPAL SECY. HOME AND ORS. [LAWS(ALL)-2010-8-429] [REFERRED TO]
G. N. GAWADE VS. STATE OF GOA THROUGH CHIEF SECRETARY [LAWS(BOM)-2012-9-71] [REFERRED TO]
PRIYA PAUL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-142] [REFERRED TO]
STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VS. A R INFANT I P S BANGALORE [LAWS(KAR)-2012-3-4] [REFERRED TO]
PABBISETTI SURESH KUMAR VS. THE STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2017-4-16] [REFERRED TO]
ANEK PAL SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2009-5-494] [REFERRED TO]
HANUMAN PRASAD PANDEY VS. STATE OF U P [LAWS(ALL)-2008-8-234] [REFERRED TO]
TAHSILDAR SINGH VS. STATE OF U P [LAWS(ALL)-2009-10-26] [REFERRED TO]
AZEEZ VS. STATE OF KERALA [LAWS(KER)-2017-4-37] [REFERRED TO]
RAM NIRANJAN ROY VS. STATE OF BIHAR [LAWS(SC)-2014-3-73] [REFERRED TO]
PRAKASH SINGH AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2019-3-93] [REFERRED TO]
PRAKASH SINGH AND OTHERS VS. UNION OF INDIA [LAWS(SC)-2019-1-99] [REFERRED TO]
MAN SINGH NEGI & OTHERS VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2014-11-53] [REFERRED]
R RAJENDRAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-7-160] [REFERRED TO]
SRI.MAHIPAL YADAV VS. THE STATE OF KERALA [LAWS(KER)-2016-7-14] [REFERRED TO]
DR. T.P. SENKUMAR I.P.S. VS. UNION OF INDIA AND OTHERS [LAWS(KER)-2017-1-132] [REFERRED TO]
RISHI PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2009-11-99] [REFERRED TO]
STATE OF MAHARASHTRA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2021-7-91] [REFERRED TO]
VINOD VS. STATE OF KERALA [LAWS(KER)-2022-3-115] [REFERRED TO]
J. SAMEER LAKRA VS. STATE OF M.P. [LAWS(MPH)-2019-10-62] [REFERRED TO]
R NATARAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-10-18] [REFERRED TO]
KRISHNAKUMARI W/O SURAJKUMAR MEGHWAL VS. STATE OF GUJARAT [LAWS(GJH)-2019-4-201] [REFERRED TO]
HARJIBHAI DEVABHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-166] [REFERRED TO]
ASHOK S/O RANGNATH BARDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-12-138] [REFERRED TO]
ADVOCATE ARIES RODRIGUES VS. STATE OF GOA [LAWS(BOM)-2017-3-32] [REFERRED TO]
JULIO FRANCIS RIBERO SON OF LATE ANGELO FREDERICK RIBERO VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-23] [REFERRED TO]
ZULFIKAR NASIR & ORS VS. STATE OF UTTAR PRADESH & ORS [LAWS(DLH)-2018-10-396] [REFERRED TO]
HARI OM RAI VS. STATE OF U.P. THROUGH SECY. DEPT. OF HOME AND ORS. [LAWS(ALL)-2010-8-427] [REFERRED TO]
SUKH RAM PAL VS. STATE OF U.P. THROUGH PRINCIPAL SECY., HOME AND ORS. [LAWS(ALL)-2010-7-446] [REFERRED TO]
CONST. 571 (C.P.) NAGENDRA SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-2-475] [REFERRED TO]
UDAY VEER SINGH VS. STATE OF U P AND ORS [LAWS(ALL)-2011-2-510] [REFERRED]
RAVINDRA KUMAR TRIPATHI VS. STATE OF U.P. [LAWS(ALL)-2012-5-290] [REFERRED TO]
T. MHONYAMO TSOPOE VS. STATE OF NAGALAND [LAWS(GAU)-2018-3-48] [REFERRED TO]


JUDGEMENT

Y.K.Sabharwal, CJI. - (1.)CONSIDERING the far reaching changes that had taken place in the country after the enactment of the Indian Police Act, 1861 and absence of any comprehensive review at the national level of the police system after independence despite radical changes in the political, social and economic situation in the country, the Government of India, on 15th November, 1977, appointed a National Police Commission (hereinafter referred to as 'the Commission'). The commission was appointed for fresh examination of the role and performance of the police both as a law enforcing agency and as an institution to protect the rights of the citizens enshrined in the Constitution.
(2.)THE terms and reference of the Commission were wide ranging. THE terms of reference, inter alia, required the Commission to redefine the role, duties, powers and responsibilities of the police with special reference to prevention and control of crime and maintenance of public order, evaluate the performance of the system, identify the basic weaknesses or inadequacies, examine if any changes necessary in the method of administration, disciplinary control and accountability, inquire into the system of investigation and prosecution, the reasons for delay and failure and suggest how the system may be modified or changed and made efficient, scientific and consistent with human dignity, examine the nature and extent of the special responsibilities of the police towards the weaker sections of the community and suggest steps and to ensure prompt action on their complaints for the safeguard of their rights and interests. THE Commission was required to recommend measures and institutional arrangements to prevent misuse of powers by the police, by administrative or executive instructions, political or other pressures or oral orders of any type, which are contrary to law, for the quick and impartial inquiry of public complaints made against the police about any misuse of police powers. THE Chairman of the Commission was a renowned and highly reputed former Governor. A retired High Court Judge, two former Inspector Generals of Police and a Professor of TATA Institute of Special Sciences were members with the Director, CBI as a full time Member Secretary.
The Commission examined all issues in depth, in period of about three and a half years during which it conducted extensive exercise through analytical studies and research of variety of steps combined with an assessment and appreciation of actual field conditions. Various study groups comprising of prominent public men, Senior Administrators, Police Officers and eminent academicians were set up. Various seminars held, research studies conducted, meetings and discussions held with the Governors, Chief Ministers, Inspector Generals of Police, State Inspector Generals of Police and Heads of Police organizations. The Commission submitted its first report in February 1979, second in August 1979, three reports each in the years 1980 and 1981 including the final report in May 1981.

In its first report, the Commission first dealt with the modalities for inquiry into complaints of police misconduct in a manner which will carry credibility and satisfaction to the public regarding their fairness and impartiality and rectification of serious deficiencies which militate against their functioning efficiently to public satisfaction and advised the Government for expeditious examination of recommendations for immediate implementation. The Commission observed that increasing crime, rising population, growing pressure of living accommodation, particularly, in urban areas, violent outbursts in the wake of demonstrations and agitations arising from labour disputes, the agrarian unrest, problems and difficulties of students, political activities including the cult of extremists, enforcement of economic and social legislation etc. have all added new dimensions to police tasks in the country and tended to bring the police in confrontation with the public much more frequently than ever before. The basic and fundamental problem regarding police taken note of was as to how to make them functional as an efficient and impartial law enforcement agency fully motivated and guided by the objectives of service to the public at large, upholding the constitutional rights and liberty of the people. Various recommendations were made.

(3.)IN the second report, it was noticed that the crux of the police reform is to secure professional independence for the police to function truly and efficiently as an impartial agent of the law of the land and, at the same time, to enable the Government to oversee the police performance to ensure its conformity to the law. A supervisory mechanism without scope for illegal, irregular or mala fide interference with police functions has to be devised. It was earnestly hoped that the Government would examine and publish the report expeditiously so that the process for implementation of various recommendations made therein could start right away. The report, inter alia, noticed the phenomenon of frequent and indiscriminate transfers ordered on political considerations as also other unhealthy influences and pressures brought to bear on police and, inter alia, recommended for the Chief of Police in a State, statutory tenure of office by including it in a specific provision in the Police Act itself and also recommended the preparation of a panel of IPS officers for posting as Chiefs of Police in States. The report also recommended the constitution of Statutory Commission in each State the function of which shall include laying down broad policy guidelines and directions for the performance of preventive task and service oriented functions by the police and also functioning as a forum of appeal for disposing of representations from any Police Officer of the rank of Superintendent of Police and above, regarding his being subjected to illegal or irregular orders in the performance of his duties.
With the 8th and final report, certain basic reforms for the effective functioning of the police to enable it to promote the dynamic role of law and to render impartial service to the people were recommended and a draft new Police Act incorporating the recommendations was annexed as an appendix.



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