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No equality in the power of five police commissioners of Haryana, claims HC Advocate
Babushahi Bureau
Chandigarh, July 24, 2024: There is no equality in the powers of the 5 police commissioners of Haryana. Police commissioners of Gurugram and Faridabad do not have the powers of district magistrate under section 144 (now section 163). However, such power has been given to Panchkula, Sonipat, and Jhajjar Police Commissioners.
This was expressed by Hemant Kumar, Advocate in Punjab and Haryana High Court who added that according to the Haryana Police Act, wherever there is a Police Commissioner, the Police Commissioner will have the powers of a District Magistrate.
"On March 8 this year, Haryana's fifth police commissionerate was established in Jhajjar district. 2004 batch IPS B. Satish Balan, who is in the IG (Inspector General of Police) rank, is currently posted as the Police Commissioner of Jhajjar. Earlier, in 2023, a fifth police commissioner was established in Sonipat. Police Commissionerate was formed, where currently 2004 batch IPS Satendra Gupta is serving as Police Commissioner. However, apart from Jhajjar and Sonipat, three other districts of Haryana - Gurugram, Faridabad, and Panchkula also have a police commissionerate system. The police commissionerate was established in Gurugram (formerly Gurgaon) in June 2007, in Faridabad in August 2009 and in Panchkula, it was established in August 2011," said Hemant Kumar.
Punjab and Haryana High Court Advocate Hemant Kumar said that in the Police Commissionerate system, instead of the District SP, a senior IPS officer of the rank of at least IG is posted as the Police Commissioner. However, the rank above this, i.e. A.D.G.P. . rank officer can also be posted as Police Commissioner.
"At present, 1998 batch IPS Vikas Arora is posted as Police Commissioner in Gurugram, and 2003 batch IPS Rakesh Kumar Arya is posted as Police Commissioner in Faridabad. At the same time, an additional charge of Panchkula Police Commissioner is given to the 1999 batch IPS and It is with Ambala Police Range IG Sibas Kabiraj. Vikas Arora and Sibas Kabiraj both have become eligible for promotion to ADGP rank after completing 25 years of service in IPS, however, their formal promotion is yet to be done," he added.
Hemant said that Section 144 of the CrPC (Code of Criminal Procedure), which is now Section 163 in the Indian Civil Safety Code (BNNS), will come into force from July 1, 2024.
The District Magistrate (DM), Sub-Divisional Magistrate (SDM), or Executive Magistrate specially authorized by the State Government can issue appropriate orders, etc. in their respective districts/areas.
Hemant said that out of the gazette notification for setting up police commissioners in all the above-mentioned 5 districts of Haryana, which was issued by the state's home department, only Panchkula, Sonipat, and Jhajjar police commissioners have been given police commissioners under CrPC, 1973, which is now BNNS, 2023. In this case Executive Magistrate while Section 144 (now Section 163).
The District Magistrate (D.M.) is empowered while the DCP (Deputy Commissioner of Police) and ACP (Assistant Commissioner of Police) posted under him are empowered with the powers of an Executive Magistrate.
Thus, in Panchkula, Sonipat, and Jhajjar districts, orders of prohibitory orders, etc. under section 144 (now section 163) can be issued not only by the police commissioner posted there but also by the DCP/ACP under him. However, as far as Gurugram and As far as the police commissioners of Faridabad are concerned, to date they have not been given the above powers by the state government and even today the above powers are exercised by the Deputy Commissioner (DC) in these two metropolitan districts.
"WEhen the Police Commissioners of Panchkula, Sonipat, and Jhajjar can be given the powers of District Magistrate under Section 144 (now Section 163) and the DCP/ACP under him can be given the powers of Executive Magistrate, then why in both the metro cities Gurugram and Faridabad, Where police commissioners have been established for many years and where there are many police districts under them, why such power has not been given to the police commissioners there. To date, the police commissioners of Gurugram and Faridabad have not been given the power to act as district magistrates under Section 144 (Section 163). Far from it, even the powers of the Executive Magistrate have not been provided in the said section, which is extremely unfortunate.
At present, in all districts of Haryana except Panchkula, Sonipat, and Jhajjar, orders under Section 144 (Section 163) can be issued by the DC (Deputy Commissioner) of the concerned district in his capacity as District Magistrate (or SDM in sub-divisions of the district). Which also includes Gurugram and Faridabad districts (Police Commissionerate).
Now every Police Commissionerate is established under Section 8 of the Haryana Police Act, 2007. In this regard, it has been mentioned in this section that wherever there is a Police Commissionerate, the powers given to the District Magistrate (D.M.) in various laws will be exercised by the concerned Police Commissioner there.
Hemant added that he has written to the state home department several times in the past few years and appealed that either on the lines of Panchkula, Sonipat, and Jhajjar, the police commissioners of Gurugram and Faridabad should also be made police commissioners in their respective police commissioners (districts).
"Powers of DM-District Magistrate should be given under Section 144 (Section 163) or the power already given in this regard should be taken back from Panchkula, Sonipat, and Jhajjar Police Commissioners and given to the DC of the district. All the Police Commissioners in Haryana have their police There should be equal powers in the commission, which is also necessary as per Section 8 of the Haryana Police Act, 2007," he pointed out.