Expressing "practical and operational difficulties" in implementing the Supreme Court's directives on police reforms, he Uttar Pradesh Government has requested the court to "clarify and modify" its order.
The court had in September last ordered constitution of a National Security Commission, State Security Commissions, fixed tenure for police officers, procedure for selection of senior police officers like DGP and IGP, separation of law and order duty from investigation, setting up of Police Establishment Board and Police Complaint Authority.
Issued by a bench headed by Chief Justice YK Sabharwal, the order is aimed at checking political influence and corruption in the police force and would remain in force until the Centre and states came out with proper laws incorporating the directions contained in it.
However, instead of implementing the apex court's directives the Uttar Pradesh Government has informed the court that it has constituted its own Police Reforms Commissions on January one 2007 "to suggest reformative measures in police administration of the state within a period of six months."
The Committee headed by retired IAS officer Bhola Nath Tewari will have retired IPS officer Vijay Shanker Mathur as Member and Home Department Secretary RM Srivastava as its Member Secretary.
Seeking certain "clarification" and "modifications" in the order, the Uttar Pradesh Government requested the court to extend the time limit for implementation of the directions. Andhra Pradesh and Gujarat too have opposed the directions on similar grounds and have sought modification of the order.
On the issue of State Security Commission and State Police Board, the State said "it is tantamount to creation of a new institution which would directly intervene in day-to-day functioning of the state government."
Terming it as a direct infringement of the rights of the state government and a dilution of its authority, it said, "the Constitution of this institution does not seem to be feasible."
It opposed the involvement of the UPSC in drawing up a panel of officers suitable for appointment to the post of DGP saying, "the presumption that all organisations of the state government may be biased and only the UPSC is impartial is not correct."
On the issue of fixed tenure for police officers, it said there were "practical and operational difficulties" in implementing it.
The state government also expressed disagreement over the separation of law and order task from investigation on the ground that the experiment started in 2000 was not successful in Uttar Pradesh and called for a detailed study in this regard.
On the setting up of a Police Establishment Board to deal with transfer, posting and promotion of police personnel, the UP Government said, "it shall be totally against the established canons of the administrative system of the state."
Similarly, it resisted the idea of Police Complaints Authority headed by a retired High Court Judge to deal with complaints against police officers, saying the proposal to man the Authority with retired persons was not proper.