OF WHAT USE ARE COURT RULINGS, DIRECTIVES & ORDERS IF THERE IS NO COMPLIANCE

…FOR TIMELY COMPLIANCE OF THE SAME BY THE EXECUTIVE????? — ESPECIALLY THE POLICE.

Rajendra Dhar
POLICE WATCH INDIA (Regd. NGO).

IT HAS BEEN OBSERVED THAT AS A MATTER OF ROUTINE PRACTICE COURT RULINGS, DIRECTIVES, ORDERS ETC. THE EXECUTIVE TOO HOOT CARES ABOUT THEM AND THE POLICE FORCE IS THE WORST OFFENDER IN THIS RESPECT.

IT IS AKIN TO THE SITUATION THAT THE LAW IS THERE BUT IS NOT BEING ENFORCED BY THE POLICE IN THE RIGHT SPIRIT.

IN ALL POLICE STATIONS ONE CAN FIND NOTICE BOARDS STATING THAT AS PER THE DIRECTIONS OF THE HON’BLE SUPREME COURT OF INDIA AND/OR AS PER THE DIRECTIONS OF THE HON’BLE HIGH COURT THIS IS THIS & THAT IS THAT BUT THE MOST UNFORTUNATE PART IS THAT IN PRACTICE THE COURT RULINGS, DIRECTIONS, ORDERS ETC. ARE THROWN TO THE WIND BY ALL POLICE OFFICERS THAT TOO WITHOUT ANY FEAR AND/OR REMORSE.

This not only amounts to deliberate & intentional contempt of the Hon’ble Courts but is as a matter of fact it amounts to deliberate & intentional gross insubordination of the Hon’ble Courts & the Judiciary by the Executive.

To counter this cancerous malady prevailing in the Police Force it has become highly imperative that every Police Department should have aCOMPLIANCE OFFICER.

THE COMPLIANCE OFFICER (CO) is an officer primarily responsible for overseeing and managing compliance issues within an organization. Ensuring that all members of the organisation are diligently complying with the instructions, directives, guidelines, orders, rulings etc. that are issued by the Supervising Officers as well as by the Courts and also ensure that there is no insubordination of any nature whatsoever at each and every level as dereliction of duty amounts to insubordination.

An officer of the rank of Special/Addl. Commissioner of Police/Addl. Dir. Genl. of Police should be appointed as the Compliance Officer in all Police Departments and other Law Enforcing Agencies.

The various roles that a COMPLIANCE OFFICER (CO) should perform are outlined herein below :-

Develop, initiate, maintain, and revise policies and procedures for the general operation of the Compliance Programme and its related activities to prevent illegal, unethical, or improper conduct.

Develop and periodically review and update Standards of Conduct to ensure continuing currency.

Collaborate with other departments to direct compliance issues to appropriate existing channels for investigation and resolution. Consult the Legal Attorney as needed to resolve difficult legal compliance issues.

Respond to alleged violations of rules, regulations, policies, procedures and Standards of Conduct by evaluating or recommending the initiation of investigative procedures. Develop and oversees a system for uniform handling of such violations.

Act as an independent review and evaluation body to ensure that Compliance Issues/Concerns within the organization are being appropriately evaluated, investigated and resolved. Where ever and when ever there is insubordination punitive steps will be initiated by him forthwith against the guilty.

PROMPTNESS SHOULD BE THE HALLMARK OF A COMPLIANCE OFFICER.

Identify potential areas of compliance vulnerability; develop/implement corrective action plans for resolution of problematic issues, and provide general guidance on how to avoid or deal with similar situations in the future.

Provide reports on a regular basis, and as directed or requested, to keep seniors informed of the operation and progress of compliance efforts.

Ensure proper reporting of violations or potential violations to duly authorised enforcement agencies as appropriate and/or required.

WORK WITH THE RECRUITMENT CELL OF THE DEPARTMENT AND OTHERS AS IS APPROPRIATE TO DEVELOP AN EFFECTIVE COMPLIANCE TRAINING PROGRAM, INCLUDING APPROPRIATE INTRODUCTORY TRAINING FOR NEW RECRUITS.

Monitor the performance of the Compliance Programmes and relate activities on a continuing basis, taking appropriate steps to improve its effectiveness.

These are a few basic roles that a CO (COMPLIANCE OFFICER) will perform, but they can change as per the needs of the organisation and demands of time, public & society at large.

TIMELY COMPLIANCE & IMPLEMENTATION OF COURT ORDERS, DIRECTIONS & PROGRAMMES BY THE EXECUTIVE, ESPECIALLY THE POLICE, IN LETTER, WORD & SPIRIT, SAVES THE SOCIETY & THE NATION FROM ENCOUNTERING MANY AN UGLY SITUATION & THAT’S FOR SURE.

Presently there seems to be NO DETERENT MECHANISM in place to ensure that the EXECUTIVE especially POLICE OFFICERS take COURT ORDERS & DIRECTIONS seriously in practice and stop hoodwinking THE JUDICIARY and the peoples’ thirst for Justice which is their birthright guaranteed by the Constitution of the land as adopted & enacted by the Indian Parliament..

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