In less than a year, UP government proposes to roll back powers from Noida, Lucknow police chiefs

In what comes as a body blow to those expecting a full-fledged police commissionerate in Gautam Budh Nagar, the Uttar Pradesh government has sought feedback from

In what comes as a body blow to those expecting a full-fledged police commissionerate in Gautam Budh Nagar, the Uttar Pradesh government has sought feedback from the district magistrate (DM) over a proposal to restore certain powers back to them.

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The commissionerate system was introduced in January this year with the view of improving law and order in the district. As part of the process, power conferred by sections 133 and 145 of Criminal Procedure Code (CrPC) was transferred to the commissionerate from the DM. Lucknow was the other city to get a commissionerate with similar provisions.

While section 133 provided for procedures in urgent removal of unlawful obstruction that harms the health or physical comfort of the community or construction that may cause conflagration or explosion; section 145 deals with disputes arising out of land and water bodies between the individuals or groups.

UP additional chief secretary (home) Awanish Awasthi said that since both these sections deal with disputes related to land, it comes under the jurisdiction of the lekhpals who is a district officer. “As lekhpals directly report to the DMs, we have proposed to restore these powers to the DM. Also, there are lot of pending cases under these sections in both Lucknow and Gautam Buddh Nagar.”

However, records over the last two years had a different story: Between January 1, 2019 and January 12, 2020 (when the power was vested with the DM), only four notices were served to the parties under section 133 and action was taken in 13 other cases. Since the introduction of police commissionerate on January 13, six notices have been served and actions have been taken in 22 cases so far under this section. There has been no action based on section 145 under both regimes during the period.

Unlike the full-fledged police commissionerates in Delhi and Mumbai, the ones in Noida and Lucknow do not have powers of issuing gun licences, excise permits and imposition of the National Security Act (NSA).

The proposal to return these powers were conveyed to the DM in a letter dated November 10 from the state home department.

When contacted, neither the DM Suhas LY nor police commissioner Alok Singh wished to comment on the matter.

Deliberate weakening of system: Former cops

Former UP DGP Vikram Singh termed the proposal “weird” and suspected that certain officials were out to deliberately weaken the system.

“The commissionerate system provides unified organisational command structure and the power to manage problems created by urban growth such as encroachments, anti-social activities and drug peddling among others,” he said. “This is how the police can use their professional understanding to improvise according to ground realities. The consequences of reducing the rights of UP police commissioners by withdrawing their powers under sections 133 and 145 of CrPC will be catastrophic. Instead, attaching Ghaziabad and other neighbouring metropolitan areas to GB Nagar police commissionerate, is the need of hour.”

He said that without giving full powers to the police commissionerate, controlling crime will remain a mirage. “I am really surprised that proposal has been initiated. Their hands are virtually tied as they do not have the power to act against criminals under the Arms Act. In a bona fide police commissionerate system, the power of allocating and cancelling the arms’ license is vested with the police commissioner of police. If they don’t get these powers, the police system becomes weaker and can never be up to the expectation of the people,” Singh said.

Singh further pointed out that under the new system, the responsibility of maintaining law and order must be vested with the CP for more clarity on the chain of command as well as for better accountability. “A bona fide CP serves as single-point of responsibility when it comes to law and order as he is directly and completely accountable to the state government. It should never be dependent on different authorities,” he said.

Former Delhi CP Ajai Raj Sharma agreed. “It is a retrograde move against a system that has proved its worth and merit in last 11 months,” he said.

Sharma said that the move will boost the morale of criminals. “Property disputes are the main reason behind murders and breach of peace, particularly in rural areas. The chief minister must take a hard call at this juncture,” he said.

No difference: Former bureaucrats

Former UP chief secretary Yogendra Narain said the move would hardly impact the police’s autonomy. “The state government began (the commissionerate system) as an experiment in the field of law and order. Like any experiment, it must have a place for rectification to strengthen the system. These are petty issues for the larger canvas of police commissionerate. And even in the execution of these powers (of the DM), police have a bigger role in execution. I personally do not feel anything wrong,” he said.

Former Bihar cadre IAS officer Vijoy Prakash feels that it is up to chief minister to take the call. “It’s not about how much power a police officer should be given or how should the governance balance the power. Instead, it is about who can use the powers in the best way for the benefit of common people,” he said.

Lawyers, residents weigh in

Under the Police Act of 1861, the district superintendent of police is to report to the district collector.

Supreme Court lawyer Rajesh Kumar said that under the commissionerate system, the police commissioner does not report to the DM and also has powers of executive magistrates. “These include issuing orders for preventive arrests or imposition of section 133 and 145 of CrPC. It gives freedom to the police from civil administration and creates an integrated command structure with powers of regulation, control, and licensing,” he said.

Resident’s associations in the city also said that the Noida police commissionerate must be given full powers. PS Jain, member, Confederation of NCR residents’ welfare associations (CONRWA) said while government has done a commendable job with the introduction of new police system in GB Nagar, more needed to be done. “The law and order situation can only improve, if the police system has a single power centre. All the powers of traffic encroachment and issuing fine, besides powers under Sarai Act, Arms Act and Gunda Act, must be vested with the CP like other commissionerates of the country,” he said.