Editorial
Powers of magistracy to the police?
We are opposed to the idea
We are concerned about the proposed police ordinance relating to provisions of magistracy powers for the law enforcing agency. Reportedly, the proposal has been made with a view to keeping the police free of political influence. That the police need to be freed of political influence is an idea we wholeheartedly endorse and so does the rest of the country. But it is the method that is now sought to be adopted to achieve that goal that causes deep disquiet in us. We would, therefore, like to state here unequivocally that we are opposed to any magistracy powers being given to the police. One of the reasons behind our position is the clear fact that at a time when public sentiment is inclined to a definitive separation of the judiciary from the executive, any move towards empowering the police with magistracy authority will run counter to such an objective. In circumstances where the police have not always been above controversy with all their prescribed, existing authority, any thought of giving them additional powers will complicate not only the administrative system but also the judicial process itself.The proposal for magistracy authority for the police seeks to invest the police commissioner and assistant police commissioner with certain powers now exercised by magistrates and district magistrates. Should the proposal be adopted, the justifiability for the police resorting to firing as a way of ensuring law and order and explaining deaths in police custody will be entirely dependent on the police themselves, with little scope of outside, independent inquiry. An implementation of the proposal will put the district administration and the police department on a collision course where a demarcation and exercise of authority are concerned. With broad public sentiment and civil society views currently emphasising a need for police powers to be subject to checks and balances, the provision of magistracy powers for the police force can only be a negation of such demands.
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