ACC's concern and the needful

'The Daily Star' in its editorial of 30th July last has the considered view that the ACC "has started showing positive dynamism at last." Reportedly, this view has been formed following the ACC Commissioner Professor Maniruzzaman's visit to Police Headquarters and the National Board of Revenue recently, with the stated objective of exchanging ideas and settling down to a minimum programme of action to combat corruption and improve the services. These two organisations were characterised as the nerve centres of public outfits known for a high degree of corruption in the public perception. According to the editorial, the Inspector General of Police has responded positively to the ACC proposals for joint surveillance, formation of a committee to review corruption situations every three months, and putting up of a list of general diaries and cases filed on a notice board at every police station with a copy of the same transmitted to the higher authorities.

Without any shred of doubt the above are a set of admirably well-intentioned proposals though the modalities of working out joint surveillance and formation of committee to review corruption situations may not be as smooth as expected in view of existing procedures and arrangements to do the same. The suggestion of putting up a list of general diaries and cases filed on a notice board at every police station with a provision of sending copy to higher authorities has to be seen in the light of existing police regulations, in public interest, and examining the police department's reported readiness to work as a complementary force may be worthwhile exercise.

To do so as indicated in the last portion of the preceding paragraph, one needs to look at the concerned police regulations. A reference to the pertinent regulations is considered significant because readers may presume that the guidelines for running the day to day police administration or more specifically, the Police Regulations of Bengal popularly known as PRB, is silent with regard to inspection and supervision in so far as it relates to the general diary entries and filing of cases at the police station.

General diary and the perspective
Regulation 377(a) of the PRB says "The general diary as prescribed under section 44, Police Act 1861 and sections 154 and 155, Code of Criminal Procedure shall be kept in all police stations...

Regulation 377 (b) says "Every occurrence which may be brought to the knowledge of the officers of police shall be entered in the diary at the time at which it is communicated to the station.....

Regulation 377 (c) says .... "all complaints and charges preferred, whether cognisable or not, the names of complainants, the names of all persons arrested, the offences charged against them, the weapons or property of which the police have taken possession and the names of the witnesses who have been examined" shall be recorded in the general diary. Further "In the case of a person arrested, his name, the number of the case in which arrested, the dates of arrest and receipt in station lock-up, the date and hour when forwarded to court, and the expenses, if any, incurred in feeding shall be noted".

In addition to the above, a host of many items pertaining to the political and socio-economic situation of the area under the concerned police station's jurisdiction has to be entered in the general diary. With the passage of time and under the changed circumstances, many such entries are not made and no note is taken of that although the regulations have not been modified. However, the aspect that requires our attention is that the suggested putting up of list of general diary entries, presumably the important ones, on the notice board of every police station would involve extra manpower when existing strength is considered inadequate with additional sanctions of posts hard to come by and will entail extra expenditures on stationeries in a situation marked by acute shortage of forms that are legally prescribed and regulatory in nature.

While the above deficiencies are surmountable in nature, the issue that is of paramount importance in view of ACC's aforementioned concern is perhaps the element of supervision over the activities of police station. The PRB was very particular over this vital management aspects as regulation 377 (J) says "The diary shall be completed, and copy of it dispatched in a cover to the address of the Circle Inspector (since redesignated as ASP circle) one hour before the departure of the post, whatever time that may be, and shall be a complete record of all occurrences during the previous 24 hours." Again regulation 192 (a) says "Circle Inspectors shall prepare daily a report from first information reports and general diaries received. This report shall be submitted through the Sub-Divisional Police Officer to the Sub-Divisional Magistrate, and then forwarded to Superintendent for submission to District Magistrate."

Regulation 192 (c) says "This report shall show all cases and unnatural death reported, all general matters of importance that have been reported by the subordinate police .… Regulation 51 (a) says that "The chief object of an inspection is to see that the police are working properly for the control and prevention of crime," and inspecting officers should pay particular attention to

i) conduct of investigations;

ii) the collection of information about criminals;

iii) the local progress of crime;

amongst others.

Regulation 55 (c) says "A Circle Inspector shall supervise every case within his circle; and he shall visit the place of occurrence and test the evidence in every such case that is of importance."

Some of the relevent regulations have been cited above only to highlight the fact that the system of reporting, supervision, accountability, checks and balances in the oldest regulatory outfit, i.e. the police, are laudatory. Somewhere along the journey of accelerated progression we have deviated from the golden path at our own peril and are now groping for a spectacular way out without caring to concentrate on the basics. The system as enunciated in the book is alright and it is mostly the functionaries who have been less than earnest in embarking upon proper course of action. The wisdom of yesteryears still hold good.

Joint surveillance and review of corruption situation
While the above suggestions are well intentioned, it might by profitable, under the present circumstances, for the ACC as an independent and supra-body to advise concerned department, to gear up their respective intelligence outfits by way of modernisation of its methods and selection of appropriate personnel for performing the extremely taxing job of unearthing corruption and framing charges. The ACC itself might consider upgrading and equipping its staff about the complaints of economic offenses committed by the high and the mighty. Reportedly, ACC has already sought assistance from external agency. This is a step in the right direction. At the risk of sounding redundant, it has to be said that the process of enquiries and investigations to find out the illegal acquisition of wealth is a complex and demanding job and there is a compelling need to allocate greater resources for that.

Review of corruption situations is a very wide subject. Previously, the BAC primarily looked into the corruptions of public sector and more specifically of the public servants. The Cabinet Division of the government was the apex body for final disposal. Now that the ACC is an independent outfit, the modalities for review of corruption situations have to be worked out in view of the changed situation and the sheer vastness of the subject. Several ministries including the Home, Finance and Law, amongst others, have to be involved in order to devise a framework for reviewing the entire gamut of corruption. In particular, proactive measures to prevent corruption from the very departments or centres of economic activities that breed greater degree of corruption, have to be encouraged.

While the public would like the ACC to take exemplary measures for tackling corruption of the high and the mighty, it would greatly appreciate if efforts are made to venture beyond the happenings and dwell on the corrective measures that are required to prevent our polity from sliding into a situation where corruption becomes an accepted way of life.

Muhammad Nurul Huda is former IGP and Secretary to the Government.