Special Police Establishment
Madhya Pradesh, Special Police Establishment is an important and effective organ of Lokayukt Organization. It was constituted by the Madhya Pradesh Special Police Establishment Act, 1947.
This Act made provision for the constitution of a Special Police Force for the investigation of certain offences affecting the public administration, for the superintendence and administration of the said force and jurisdiction of the members of the said force in regard to the investigation of offences. The Act has given the officers of this department the same powers of the investigation as are at present exercised by the Station House Officer of the Police Station.
When the State Vigilance Commission, the precursor of the Lokayukt Organization, was in existence, the Special Police Establishment was attached to the Vigilance Commission and functioned under the direction, control and supervision of the State Vigilance Commissioner. After coming into force of the M.P. Lokayukt Evam Up-Lokayukt Adhiniyam on 14th February 1982, the State Government by order dated 25th November 1982 authorized the Lokayukt & Up-Lokayukt to utilize the services of the special police establishment for conducting enquiries under the said Adhiniyam. By this order, the State Government directed as follows:-
"The head of the Special Police Establishment shall function under the direction, control and supervision of the Lokayukt. The force in the Special Police Establishment will work directly under the officer heading the Special Police Establishment and will carry out the direction of the Lokayukt".
The idea of placing the Special Police Establishment under the supervision of the Lokayukt was with a view to make it an independent investigating agency free from executive influence.
"4(1) The superintendence of investigation by the Madhya Pradesh Special Police Establishment shall vest in the Lokayukt appointed under section 3 of the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 (No. 37 of 1981).
"1-a) Without prejudice to the generality of the power of superintendence, the Lokalyukt may call from the Director General, Special Police Establishment returns and may issue General directions for regulating practice and procedure of investigation to be adopted by the Special Police Establishment".
Thus Madhya Pradesh Special Police Establishment functions under the superintendence and direction of the Lokayukt.
Composition of Special Police Establishment.
Madhya Pradesh Special Police Establishment is headed by the Director General of Police who is an IPS officer of the rank of Additional Director General of Police or Director General of Police. At the Headquarter, he is assisted by one Inspector General of Police, two Deputy Inspector General of Police, one Superintendent of Police, one Dy. Director (Prosecution) and one Station House Officer of Police Station of Special Police Establishments.
In the field there are 7 divisional offices which are headed by a Superintendent of Police each. These divisional offices are located at Bhopal, Indore, Ujjain, Gwalior, Sagar, Jabalpur and Rewa. The Special Police Establishment has been provided besides 08 SPs with a staff of 26 DSPs, 7 Special Public Prosecutors, 41 Inspectors, 06 Sub-Inspectors, 26 Head-constables, 98 Constables, 11 Court Moharirs and 14 Constable Drivers. Besides this, each divisional offices has got a Steno, a Head-Clerk, and Accountant and appropriate number of Typists and Clerks.
Jurisdiction and Function
Jurisdiction of Madhya Pradesh, Special Police Establishment extends to whole of Madhya Pradesh. In accordance with Section 3 of Special Police Establishment Act, the State Government by Notification specifies the offences or class of offences which are to be investigated by the Madhya Pradesh Special Police Establishment. Accordingly, State Government has issued Notifications from time-to-time and has specified the following offences to be investigated by the Madhya Pradesh, Special Police Establishment (Annexure-2).
Offences punishable under Prevention of Corruption Act, 1988.
Offences under section 409 and 420 & Chapter XVIII of the Indian Penal Code when they are committed, attempt or abetted by the public servants or employees of the local authority or a statutory Corporation, when such offences adversely affect the interest of the State Government or the local authority or the statutory corporation, as the case may be, and
Conspiracies in respect of offences mentioned it item no. 1 & 2 above.
An offence other than, but arising out of, an offence specified in clause 1,2 & 3 for which the accused may be charged under Cr. P.C. 1973 in the same trial.
For registration of cases and related functions, the office of the Director General of Special Police Establishment, Madhya Pradesh, Bhopal has been declared by the State Govt. to be a Police Station. The State Government has also authorized all the Inspectors of Police posted to M.P. Special Police Establishment for the purpose of Sec. 17 of Prevention of Corruption Act, 1988. Thus all the Inspectors of Special Police Establishment are authorized to investigate offences under P.C. Act.
Sanction for Prosecution
The cases registered under the Prevention of Corruption Act are investigated by the Investigating Officer of the rank of Inspector, DSP and SP. The report of the Investigating Officer is scrutinized by the DIG, IG and DG of Special Police Establishment. The cases of public servants of the rank of above Class-III and IV are submitted to Lokayukt, who before passing an order gets it further scrutinized by one of the Legal Advisors. Further action is taken by the SPE in accordance with the order passed by the Lokayukt. If the concerned Government servant has not retired from Government service the matter is sent for seeking sanction of appropriate authority under Section 19 of the Prevention of Corruption Act. The authority concerned is intimated that as per decision of the Supreme Court in Vineet Narain case (AIR 1998 S.C. 889) sanction should be granted within three months.
Last Updated on 23 Dec, 2020