Commissionerate system in question as police demand duty magistrates

Naveen S Garewal

Tribune News Service

Chandigarh, August 24

Haryana is on high alert. Under such circumstances, Panchkula, which is under the commissionerate system, should be self-reliant in dealing with the law and order situation, with the police having magisterial powers. But the manner in which the Panchkula police have demanded duty magistrates to deal with the outcome of the Dera Sacha Sauda verdict, the commissionerate system of policing has come under a shadow.

Under the commissionerate system, magisterial powers are vested in the Commissioner of Police (CP), DCPs and ACPs and they do not need orders from the executive magistrate as required under the Criminal Procedure Act. However, in the perceived failure of the system, duty magistrates have been demanded by the CP even though a large number of police officers of the ranks of DCPs and ACPs have been deputed in Panchkula from other districts.

The commissionerate system was introduced in Haryana during the previous Congress regime as crimes in Gurugram and Faridabad were found to be more akin to national capital.

The Justice GD Khosla commission recommended the introduction of police commissioner system in Delhi and it was adopted in the national capital on July 1,1978.

It was felt that the urbanisation in Haryana had led to spurt in the crime and other law and order problems, and it is difficult for the present police setup to handle the situation. The migration towards the city has also changed the demography of crime, which needs a different system to deal with crime.

The police commissioners have the powers of executive magistrate or district magistrate for 10 Acts, including the Indian Explosives Act, 1884; Mental Health Act, 1987; Poisons Act, 1919; Police (Incitement of Disaffection Act), 1922, Immoral Traffic (Preventive Act), 1956; Arms Act, 1959; Prevention of Cruelty to Animals Act, 1960; Sarais Act, 1967; Cinematographer Act, 1952; and the Child Marriage Restrain Act, 1929. “It’s a different set-up of policing that deals with the city areas. The crime investigating agency, special investigating units for economic offences, narcotics, gangsters, technical crimes and intelligence and urban crimes are dealt with specialised attention under the commissionerate system.

While introducing this system in Gurugram and Faridabad, the state government made a commissionerate for Panchkula-Ambala too.

However, Ambala reverted to the old system of policing, with the Manohar Lal Khattar Government taking out the district from the Panchkula-Ambala Commissionerate in October 2016 in “public interest” after Health Minister Anil Vij’s persistent efforts. Sources said a section of IAS and HCS officers in the state were also not happy with the formation of a commissionerate.

Demands have been raised in the past to quash the notification on different occasions, as in the new system, many powers were given to police officers that were earlier exercised by the IAS and HCS officers.

Earlier, the DM exercised “general control and supervision” over the subordinate office of the district Superintendent of Police (SP) as envisaged under the Indian Police Act, 1861. With the police again seeking the help of civil servants to act as duty magistrates, the success of the commissionerate system has again come under question.