This story is from June 11, 2019

Kochi, T’puram police commissioners will have magisterial powers: Pinarayi

Kochi, T’puram police commissioners will have magisterial powers: Pinarayi
Thiruvananthapuram: Chief minister Pinarayi Vijayan made it clear that magisterial powers would be conferred on the police commissioners of Kochi and Thiruvananthapuram. He told the assembly that along with the district collectors, the police commissioners in these two cities would also enjoy magisterial powers.
Answering to the opposition criticism on setting up of metropolitan commissionerates in Kochi and Thiruvananthapuram, the chief minister said it was the previous UDF government which took the decision to form police commissionerates.
“The order was issued in January, 2013. We are carrying forward the decision taken by the UDF government,” said the chief minister.
However, opposition leader Ramesh Chennithala said even though the UDF government accepted the proposal for setting up the commissionerates, it did not implement it as there had been several apprehensions over giving magisterial powers to police.
To this, the CM said the magisterial powers of the district collectors would remain as such but the same would now have to be shared with the police where metropolitan commissionerates exist. “Already 50 cities in the country have successfully implemented police commmissionerates. Hence there was no need for any apprehensions,” he said.
“The decision to provide magisterial powers will empower police further. The new system will make crime investigation and maintenance of law and order more efficient. The new system is being introduced as part of modernizing the police,” said the CM during his reply speech to the discussion on demand for grants for home department.
The government, which upgraded Kochi and Thiruvananthapuram city police commissionerates to metropolitan status and appointed IG-rank officers as commissioners, is yet to issue an order providing magisterial powers to them. It is reliably learned that there is stiff opposition from the IAS lobby against granting magisterial powers and there are a few rules which the officials cite as hindrance to the plan of the government.

Though sub-sections (2) and (3) of Section 15 of the Kerala Police Act, 2011, say the state government can by notification establish in any metropolitan areas having more population, a police system having more expertise, unitary nature and lawful power and responsibility, the expression ‘metropolitan area’ has not been defined under the Act, said an objection note by law department.
The Section 8(1) of the CrPC also empowers the state government to declare by notification any area in a state comprising a city or town where population exceeds one million as a metropolitan area. The objection note said that as per the 2011 census, the total population of Thiruvananthapuram corporation is only 7,52, 490 and that of Kochi is 6, 01, 574.
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