A DAY OF ACCOMPLISHMENT AND ACHIEVEMENTS: Chd- September 18th- HC directs States of Punjab and Haryana to set up Police Complaints Authorities in each district within 3 months:- A division Bench of the HC comprising CJ and Justice A.G. Masih today, while allowing 2 separate PILs filed by Advocate H.C. Arora, directed the States of Punjab and Haryana to set up Police Complaints Authorities in each district within a period of 3 months. In 2 separate PILs filed by Arora, a direction was sought from the HC to the States of Punjab and Haryana to set up the Police Complaints Authority in each district of Punjab and Haryana, in accordance with the directions issued by Supreme Court of India in Prakash Singh’s case (2006). In its judgment in Parkash Singh’s case, the Supreme Court had directed as under:- “There shall be a Police Complains Authority at the district level to look into complaints against Police officers of and upto the level of Deputy Superintendent of Police.” It was further directed that “The District level Authority shall be headed by a retired district Judge.” “Such authority may have three to five members depending upon the volume of complaints in different districts.” The panel may include members from amongst retired civil servants, police officers or officers from any other department, or from the civil society. They would work whole-time for the authority and would have to be suitably remunerated for the service rendered by them.” “The District level Complaints Authority, apart from cases involving serious allegations of misconduct by Police personnel, which would include incidents involving death, grievous hurt or rape in Police custody, may also inquire into allegations of extortion, land/house grabbing or any incident involving serious abuse of authority. The recommendations of the Complaints Authority, for any action, departmental or criminal, against a delinquent police officer shall be binding on the concerned authority.” The HC brushed aside the argument of the State Counsels that since the matter pertaining to enforcement of directions of Supreme Court given in Parkash Singh’s case, is being monitored by the Supreme Court itself, the HC should not entertain these PILs at this stage. The HC accepted the argument of petitioner, who appeared in person, that since the States of Punjab and Haryana have already enacted their respective Police Acts in the year 2007, and have vide sections 54 of the Punjab Police Act, 2007 and section 68 of the Haryana Police Act, 2007 already made provision for setting up of District level Police Complaints Authorities, and have also included a recital in their respective legislations that these enactments are made in compliance of Supreme Court directions, now the States of Punjab and Haryana cannot refuse to set up these Complaints Authorities. The HC also rejected the contention of the two States that they don’t require these Complaints Authorities at this stage, since they have so many other forums for entertaining the complaints of citizens against Police officers etc, and that no direction be issued to them to set up these authorities at this stage. The HC observed in its order dictated in open Court that it is the two States who themselves have enacted the enabling provisions for setting up the Complaints Authorities, and observed that the HC is merely directing them to implement those provisions, particularly in view of recitals in their respective legislations , to the effect that the enactments are brought for enforcement of SC directions in Parkash Singh’s case. (H.C. ARORA) ADVOCATE PETITIONER IN PERSON.
Posted on: Wed, 18 Sep 2013 11:55:06 +0000
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