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Police Complaints Authority (India)

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Police Complaints Authority (PCA) is a body that adjudicates allegations of improper or shoddy investigations, refusal to file FIRs, custodial torture[1] and high-handedness against the police.[2][3] But its recommendations are not binding upon the state government for action against errant police personnel.[4][5] Seventeen States have established the PCAs through State Police Acts, while ten states have done this through executive orders with a long-term goal of the PCAs is changing the policing culture and making it thoroughly professional.[6]

History

The Police Complaints Authority were to be established at the state and district levels following the judgement by the 2006 Supreme Court of India, in the Prakash Singh and Ors. v. Union of India and Ors. AIR 2006 SCC 1 Case, in response to the huge volume of complaints against the police and the endemic lack of accountability.[7][8]

State Police Complaints Authority

State Police Complaints Authority makes recommendations to government for taking disciplinary action against erring police officers.[9]

Assam Police Accountability Commission

Main article: Assam Police

BP Katakey is the Chairperson of this Assam Police Accountability Commission. In 2018, there were 288 public complaints on various counts against police personnel from across Assam including 143 of alleged police inaction or negligence.[10]

Chandigarh Police Complaints Authority

Main article: Chandigarh Police

In February 2020, inspector Baljeet Singh, former SHO of Mauli Jagran station was appointed as the in-charge of the Police Complaints Authority (PCA) in Chandigarh.[11][12][13][14] There is also UT vigilance department in Chandigarh.[15]

Delhi Police Complaints Authority

Main article: Delhi Police

In February 2019, PCA is working under the chairmanship of Justice P S Teji (retd) and other members are Nutan Guha Biswas, IAS (retd), P Kamraj, IPS (retd) and Tinu Bajwa. Official e-mail for complaints is pca.delhi@nic.in/ and website is pca.delhigovt.nic.in.[16][17]

Haryana Police Complaints Authority

Main article: Haryana Police

Up to 2019, 681 complaints received by the authority with staff strength of three persons.[18][19]

Jammu and Kashmir Police Complaints Authority

Main article: Jammu and Kashmir Police

Ministry of Home Affairs may like to have one Police Complaints Authority for the Union Territory of Jammu & Kashmir and Union Territory of Ladakh keeping in view various aspects including single police force for both the UTs.[20]

Karnataka Police Complaints Authority

Main article: Karnataka Police

Justice C R Kumaraswamy was appointed of chairperson of the Karnataka Police Complaints Authority.[21] Public need to submit the complaint by contacting on phone number 08262 230403 or by mailing to dpcackm@karnataka.gov.in in case of complaints against deputy superintendent of police and police personnel of lower ranks and contacting on phone number 080 22386063 and visiting www.karnataka.gov.in/spca for complaints against the superintendent and officials of higher ranks.[22]

Kerala Police complaints authority

Main article: Kerala Police

In December 2018, Kerala Legislative Assembly, to overcome a 2017 HC verdict that the orders passed by the KPA chairperson or members without the quorum are invalid, passed the Kerala Police (Amendment) Bill 2018 enabling the PCA chairperson or one or more members, both in the state and district bodies, to dispose of petitions.[23] Kerala Police complaints Authority's chairman is Justice V K Mohanan and it has an investigation wing to conduct probe into the complaints.[24]

Maharashtra Police Complaints Authority

Main article: Maharashtra Police

Up till February 2020, authority received 1490 complaints against the police.[25] In 2014, Government Resolution was issued to establish the State PCA.[26] In March 2020, Bombay High Court Justice (retd) Shrihari P Davare was appointed the new chairperson of the Maharashtra State Police Complaints Authority.

Punjab Police Complaints Authority

Main article: Punjab Police (India)

In October 2019, Government cleared appointments to be made to the State Police Complaints Authority and Divisional Police Complaints Authorities under 'The Punjab Police Act, 2007,' approving the Punjab Police (Appointment of Chairperson and Members of Complaints Authorities), Rules, 2019.[27] In January 2020, retired IAS officer[28] (instead of retired judge[29]) NS Kalsi was appointed as chairman of Police Complaints Authority (PCA) for three years[30][31] from 8 applicants.[32] As per Punjab state human rights commission records, from 1997 to August 2018, 54 per cent (1.44 lakh) of the total 2.63 lakh human rights violations complaints received by it were against police officials which included complaints of abuse of power, false implication in any case and unlawful detention.[33]

Tamil Nadu Police Complaints Authority

Main article: Tamil Nadu Police

In Tamil Nadu, a Government Order was issued on 14 November 2019 for the constitution of the State level as well as district level police complaints authorities in accordance with Chapter IV of the Tamil Nadu Police (Reforms) Act of 2013.[34][35]

Telangana Police Complaints Authority

Main article: Telangana State Police

In February 2020, Telangana High Court bench directed the state government to frame rules and regulations pertaining to the constitution of SSC and PCA by March 6.[36][37]

Criticism

Police Complaints Authorities are currently considered lame-duck institutions[38] that lacks bite[39] with the diluted provisions of the Authority.[40] It is often criticized for delay in justice.[41]

See also

References

  1. ^ Correspondent, A. (2019-07-04). "Probe team at Nedumkandam". The Hindu. ISSN 0971-751X. Retrieved 2020-03-12. {{cite news}}: |last= has generic name (help)
  2. ^ "Police Complaints Authority to Be Constituted to Deal with Custodial Violence Charges". The Wire. Retrieved 2020-03-12.
  3. ^ "A law alone will not serve as a panacea against torture by police in India". The Indian Express. 2019-10-18. Retrieved 2020-03-12.
  4. ^ "Why states need an independent, effective Police Complaints Authority". Hindustan Times. 2018-03-20. Retrieved 2020-03-12.
  5. ^ "Maharashtra Police Complaints Authority gets new chairperson, other members yet to be appointed". The Indian Express. 2020-03-05. Retrieved 2020-03-12.
  6. ^ MATHEW, V. VENKATESAN & SHIVANGI. "Police reforms still largely only on paper". Frontline. Retrieved 2020-03-12.
  7. ^ Police Complaints Authorities in India - A Rapid Study (PDF) (Thesis). Retrieved 2015-11-19.
  8. ^ "The Laws That Could Ensure Police Accountability and How They've Been Ignored". The Wire. Retrieved 2020-03-12.
  9. ^ "SPCA recommends action against two IPS officers based in Mumbai". The Indian Express. 2019-11-14. Retrieved 2020-03-12.
  10. ^ "288 Public complaints against Assam Police in 2018". The Sentinel. 2020-03-02. Retrieved 2020-03-12.
  11. ^ "Graft-tainted inspector is police watchdog chief in Chandigarh". Hindustan Times. 2020-02-28. Retrieved 2020-03-12.
  12. ^ Pioneer, The. "In Brief". The Pioneer. Retrieved 2020-03-12.
  13. ^ Service, Tribune News. "Will furnish documents on Feb 24, cops assure PCA". The Tribune. Retrieved 2020-03-12.
  14. ^ "Chandigarh: 'PCA is not against police dept, it is for enquiry into allegations concerning serious misconduct'". The Indian Express. 2019-12-04. Retrieved 2020-03-12.
  15. ^ "Chandigarh: PCA writes to UT, slams police for not producing record before it". The Indian Express. 2020-01-22. Retrieved 2020-03-12.
  16. ^ Legal, India (2019-02-26). "Much-awaited Police Complaints Authority starts functioning in national capital". India Legal. Retrieved 2020-03-12.
  17. ^ India, Press Trust of (2019-02-26). "Justice (Retd) Teji appointed chairman of Police Complaints Authority". Business Standard India. Retrieved 2020-03-12.
  18. ^ Saini, Manvir. "Haryana Police complaints body running headless: Govt auditor". The Times of India. Retrieved 2020-03-12.
  19. ^ Service, Tribune News. "Govt fast-tracks appointments to police complaints authority". The Tribune. Retrieved 2020-03-12.
  20. ^ Excelsior, Daily (2019-09-15). "MHA likely to establish Police Complaints Authority in J&K UT". Daily Excelsior. Retrieved 2020-03-12.
  21. ^ Reddy, Y. Maheswara. "Police watchdog makes way for mining-tainted minister Anand P Singh". Bangalore Mirror. Retrieved 2020-03-12.
  22. ^ "Police Complaint Authority gets new office-bearers". Deccan Herald. 2019-07-05. Retrieved 2020-03-12.
  23. ^ "Now, Kerala Police Complaints Authority can conduct more sittings". The New Indian Express. Retrieved 2020-03-12.
  24. ^ "Police complaints authority to get independent probe officer". The New Indian Express. Retrieved 2020-03-12.
  25. ^ "Mumbai: A 'sleeper' police complaint cell". Free Press Journal. Retrieved 2020-03-12.
  26. ^ "State fails to renew Police Complaint Authority contract". mid-day. 2020-01-09. Retrieved 2020-03-12.
  27. ^ "Punjab Cabinet paves way for appointments to various police complaint authorities". United News of India. 2019-10-24.{{cite news}}: CS1 maint: url-status (link)
  28. ^ India, Times of. "HC asks Punjab why it prefers bureaucrats". The Times of India. Retrieved 2020-03-12.
  29. ^ "HC questions state govt on Police Complaints Authority". Hindustan Times. 2020-01-13. Retrieved 2020-03-12.
  30. ^ "Retired IAS officer NS Kalsi appointed police complaints authority chief". Hindustan Times. 2020-01-23. Retrieved 2020-03-12.
  31. ^ "NS Kalsi joins as Punjab Police Complaints Authority chief". The Indian Express. 2020-01-24. Retrieved 2020-03-12.
  32. ^ "Punjab: Former DGP, Secy among 8 applicants for chairperson post of state police complaints authority". The Indian Express. 2020-01-09. Retrieved 2020-03-12.
  33. ^ Verma, Sanjeev. "13 years after Supreme Court order, Punjab to get Police Complaints Authority". The Times of India. Retrieved 2020-03-12.
  34. ^ S, Mohamed Imranullah (2019-12-04). "'Police Complaints Authority constituted in TN'". The Hindu. ISSN 0971-751X. Retrieved 2020-03-12.
  35. ^ Reporter, Staff (2018-12-04). "HC seeks status report on police complaints authority". The Hindu. ISSN 0971-751X. Retrieved 2020-03-12.
  36. ^ Vamshidhara, Vujjini (2020-02-05). "Telangana High Court grills govt on cop bodies". Deccan Chronicle. Retrieved 2020-03-12.
  37. ^ "'Set up State Security panel in one month'". The New Indian Express. Retrieved 2020-03-12.
  38. ^ Kumar, N. Dilip (2020-03-06). "Power and responsibility". Millennium Post. Retrieved 2020-03-12.
  39. ^ Reporter, Staff (2019-02-09). "Karnataka State Police Complaints Authority lacks bite". The Hindu. ISSN 0971-751X. Retrieved 2020-03-12.
  40. ^ "No police reforms despite SC order". The Sunday Guardian Live. 2019-11-09. Retrieved 2020-03-12.
  41. ^ Ganapatye, Shruti. "One year, 7 hearings: Police complaint authority draws flak for delay in justice". Mumbai Mirror. Retrieved 2020-03-12.
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