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Do you think criminal investigation in India needs to be independent of political control?
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Creation of a new Police Force> Creating a Collegium and an Independent Supervisory Body

> Supervisory Body

 

Unwarranted political interference usually thrives when appointments, transfers and promotions are under discussion. This falls in theory strictly under the police force themselves, but in practice the executive influences the proceedings. To insulate the police force from the executive's interference with appointments, transfers and promotions to the suggested crime investigation unit and to the independent prosecutor wing will be made by an independent supervisory body and not by the executive as done today. This would create the environment for the investigators to work independently and effectively. Also, incentives can be created to attract the best and the brightest individuals to serve in this prestigious unit.

 

The composition of the Supervisory body will be comprised of jurists, professional investigators and legal experts, all of whom are reputed, experienced and credible within their domain of expertise. Members of this body cannot hold other positions during their time in this office for avoiding any conflict of interests, biased appointments and promotions. The supervisory body will be independent from the government and the head of the body will be appointed by the Collegium.

 

The Supervisory body will handle all the appointments and promotions in the independent crime investigation unit and the independent prosecutor wing. It is important to note that once appointed to the branch an officer can only be transferred within the branch and not out of the branch. This is to ensure that arbitrary transfers will not occur and to ensure sustainability within the department.

           

Appointments and promotions will be made on the basis of competence, experience and personality. The incentive is to have a professionally driven branch with efficient and thorough investigations. A police officer that has shown great capability will be promoted upon his or her application. There are no fixed tenures for the positions. If an officer is a highly competent person he or she shall have the possibility to be promoted faster. For each position there will be requirements of complete training courses and requirements for possession of certain knowledge.

 

An investigator, who is convicted for a crime, or for recurrent negligence or incapability, will be immediately removed from the office. The termination will be decided only by the supervisory body. If an investigator wants to leave the investigation branch, the officer can apply for transfer upon his or her own request to a different branch.

 

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