Himachal Pradesh HC Flags Moral & Professional Decline In Police Force, Suggests Reforms Like 8-Hour Shifts, Psychiatric Counseling

The suggestions include 8-hour shifts, welfare corpus, housing scheme, career promotions, liberal leave policy, recreational facilities (gym, pool), access to counselling by psychiatrists, etc.

The Court also suggested revision in Police Rules, strengthening of the Emergency Response Support System 112, improvement of the FSL labs, strengthening of Intelligence Gathering and implementation of key directives of the Supreme Court's directions in the case of Prakash Singh vs Union of India and Ors.

The Bench issued this order suggesting measures for police reforms while hearing a Criminal Writ Petition that originated from a letter sent to the HC by one Ravina.

In her April 2024 letter, she raised concerns regarding the functioning of the Baddi Police. She alleged that the police personnel failed to take appropriate legal action against the accused. The letter also accused officials of the Police Station Nalagarh of colluding with the accused.

In its 34-page order, a bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed that while the police is “one of the most important forces” with “great potential” and forms the “most visible” component of the criminal justice system, there has been a “general fall and deterioration” in the standard of its functioning, similar to other departments.

The Court further noted that while “black sheep” within the force reflect negatively upon the entire department, the police also face “real difficulty in combating with criminal activities”.

Therefore, it added that the police cannot be “entirely blamed for what has been happening in the society.”

Importantly, in its order, the Division bench pointed out some of the problems and dilemmas faced by the police officials in India, including fluctuations in political order, rampant corruption, and frequent transfers to unfavourable positions or locations.

“…police too has to perform complicated job of ensuring law and order, maintaining security and peace, preventing crime and taking action against and causing arrest of offenders, which requires home work and team work and at times, sophisticated weapons,” the bench observed taking into account the issues being faced by the police force.

Thus, the Court made the following suggestions for police reforms, which the State may consider (points have been summarised, for the entire text of suggestions, read the order of the Court attached below): -

Police Reforms & Modernization.

1. Revision of Sanctioned Strength (2006 Posts Revision)

2. Posting of Gazetted Officers in District SP Offices

Currently, SP offices mostly have two GOs [Additional SP and DSP HQ]. Due to growing needs, more DSPs should be posted for Narcotics, Crimes, Traffic, and Security. This would improve supervision and public issue resolution.

3. Guidelines for Posting Officers Outside District

Inter-district postings need clear policies, eligibility, tenure, and approvals to ensure transparency, accountability, and avoid interferences.

4. Posting of Cadre Officers in Cadre Posts

HPS officers currently hold IPS cadre posts like SP Sirmour and SP Baddi, which violates the IPS Cadre Rules and the court judgment stating cadre posts must be filled by IPS officers.

5. Creation of Highway Patrols and Beats

Highways should be regulated, manned, and emergency responses must be ensured. A separate highway police wing under the SP is needed for effective regulation and justice delivery.

6. Strengthening ERSS Mechanism (112)

ERSS has only one vehicle per district since its inception. No additional vehicles have been provided in HP, unlike other states like Haryana. The Court added that Police mobility is key for emergency response and public trust.

7. Notification under Section 15 BNSS

Some states notify police officials as special executive magistrates under Section 15 BNSS, the same could be done in Himachal Pradesh too.

8. Revision of Police Rules (PPR)

Current Police Rules are outdated. Revisions should address technology, legal changes, and best practices. Digital record-keeping via CCTNS needs legal backing.

9. Special Courts for Special Crimes

With rising NDPS crimes, special courts are needed for timely trials (within 3 years per BNSS). It would reduce the burden on current courts.

10. Improvement of FSL Labs

FSL labs lack infrastructure and staff, causing delays. BNSS requires forensic expert visits for serious crimes. Mobile FSLs in each district are needed for timely support.

11. Requirement of Pilots in Each District

Each district needs dedicated pilot vehicles and trained drivers for VVIP movements and emergencies. Also required are LMVs and HMVs for quick personnel mobilization.

12. Police Housing and Infrastructure Maintenance

Many police quarters and buildings need urgent repairs. Proper budgets must be provided to improve living conditions and support transfers.

13. Strengthening Intelligence Gathering

CID and Security Branch should handle SOCINT, HUMINT, TECHINT, OSINT, and SIGINT. The District Security Branch needs sanctioned posts for local intelligence, especially drug-related.

14. No Posting in Home Sub-Division

Police officers/officials should not be posted in their sub-division unless under exceptional.

15. Maximum Tenure of Posting

No officer should stay in one place beyond 3 years. In border areas, tenure should be 2 years, and such officers should not be reposted in another border area.

Apart from the above-mentioned suggestions, the Bench also directed the State Government to consider the directions (as far as may be practical to be implemented in Himachal Pradesh) passed by the Uttarakhand High Court in a 2018 case of Arun Kumar Bhadoria vs State Of Uttarakhand And Others.

The Court has now posted the matter for compliance on June 3.

Click Here To Read/Download Order