Sorabjee underscores need for rule of law culture

Hyderabad, Oct 14 (UNI) Chairman of the committee to draft the New Police Act Dr Soli J Sorabjee today stressed the need to provide fair representation to all sections of the people in the police force so that it wins the confidence of various sections, including the weaker section and minorities.

Calling for promotion of the culture of 'rule of law in the country, an essential feature of the constitution, the legal luminary delivering the 21st Sardar Vallabhbhai Patel Memorial lecture, exhorted police personnel to make it a habit to protect human rights as also life and property of the citizens.

Police personnel were dutybound to act impartially especially during communal riots, he said while speaking on ''The Constitution, Rule of Law and the Police.'' The police force was unable to still change the British legacy of mistrust in it for the people, he said.

Referring to the Best Bakery case, among other cases, he said he had recommended for providing protection to witnesses to avert the 'distressing situation' of retracting of statements by witnesses under 'pressure.' Interacting with IPS probationers at the prestigious National Defence Academy, Dr Sorabjee, whose report is pending consideration by the Union Home Ministry said he had suggested making a criminal offence interference by 'external authorities' in the discharge of duties by the police. ''If a person is runover, law should proceed against him, however, high the person may be,'' he said.

He had included a full chapter on the social responsibility of police personnel in the draft Police Act to make them more humane and people-friendly while discharging their duties without fear or favour.

He advocated hiking the pay of lower rung police officials at least by ten times in order to prevent them for resorting to wrong means to earn money.

Justifying 'judicial activism' of courts, he said ''Judiciary cannot keep quite if the Executive fails to implement the laws enacted by the Legislature. Judicial activism has proved to be helpful to the people.'' Courts were right in intervening when the law of the land was not complied with as a result of Executive inaction, he opined, adding that Judicial activism had provided relief to a large number of undertrials languishing in jails without trial for long years and protection of the environment, ending of the practice of bonded labour and child labour.

Based on public opinion, the Indian Evidence Act, which came into force during the British times could be amended to remove the mistrust on the police, he said.

UNI SM MS MIR KP1659