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2005 DIGILAW 1880 (SC)

Prakash Singh v. Union of India

2005-11-25

C.K.THAKKER, Y.K.SABHARWAL

body2005
ORDER : Y.K. Sabharwal, CJI., C.K. Thakker, JJ. The Government of India, Ministry of Home Affairs, in terms of the Office Memorandum dated 20-9-2005, which has been brought to our notice by the learned Solicitor General, has constituted a committee. The terms of reference of the Committee are as under: "(a) To examine the Model Police Act prepared by the National Police Commission and other draft Model Police Acts and suggest modifications as per the changing role/responsibility of police in view of the new challenges before it, especially growth and spread of insurgency/ militancy/naxalism, etc. (b) To suggest measures for attitudinal changes of police including working methodology, to elicit cooperation and assistance of the community rather than its distrust. (c) The new Police Act should reflect expectation of the people regarding the police in a democratic set-up. (d) It should emphasise the use of scientific investigation methods to strengthen the criminal justice system. It should enable the police to tackle futuristic trends of organised crime including cyber crimes and technological advantages in the hands of the criminals. (e) The concerns for human rights, weaker sections, women and the people belonging to the Scheduled Castes/Scheduled Tribes have to be addressed." 2. The preamble of the office memorandum recites that the Committee has been set up to draft new Police Act in view of the changing role of police due to various socio-economic and political changes which have taken place in the country and the challenges posed by modern day global terrorism, extremism, rapid urbanisation as well as fast-evolving aspirations of a modern democratic society. The Committee is required to give its report within a period of six months. 3. Be that as it may, we direct that the writ petition shall be listed for the date of hearing in the first week of February, 2006.