The Uttarakhand High Court has held that Police Personnel cannot be appointed as Jail Superintendents.
The Division Bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma stated that the purpose of Police is very different from that of jail superintendents and as things are, the psyche and training are poles apart. Hence, the former cannot possess the position of the latter.
"The purpose of the Police is not to reform, or to rehabilitate, but to prevent the occurrence of crime, and to punish the criminals. Therefore, the very training of police personnel is carried out with a different purpose in mind, and with different goals prescribed by law. Thus, there is a vast difference in the philosophy that permeates the police administration, and the jail administration. Hence, even their training and the psychology of the police personnel are poles apart,” the order stated.
This order was a consequence of a PIL challenging a State Government’s order whereby the officers of the Police Department were given the additional charge of officers of the Police Department were given the additional charge of an officer of the senior Superintendent of Jail at Sitarganj, Haldwani, Haridwar, Dehradun and Roorkee. Nelson Mandela Rules
The Bench has also taken note of the United Nations “Standard Minimum Rules for the Treatment of Prisoners.” Also known as “Nelson Mandela Rules.”
These rules basically state that every personnel should be selected carefully, should behold the values such as integrity, humanity, professional capacity, and personal suitability, and must look after proper administration of the prison.