Maharashtra constitutes Police Complaints Authority

Now, State and district-level authorities to look into complaints against cops

Staff Reporter

If you have any complaint against police officers, you may not have to go to courts or Human Rights Commissions at state or national level. Now, you can lodge complaints against them with a special independent authority at state as well as district levels. Home Department of Maharashtra Government has constituted Police Complaints Authority at state and district levels.

These authorities have been constituted subsequent to the directions of the Supreme Court in a petition. The Apex court had sought new Police Act to be put in place at national as well as state levels, or make appropriate changes till the new law was enacted. Accordingly, till ‘appropriate changes’ are made to Maharashtra Police Act, 1951, the Home Department has decided to initiate various steps as per the Supreme Court directions. One such step is constitution of State and district level Police Complaints Authorities.

The state-level authority will receive complaints against police officers of and up to the rank of Supreintendent of Police (SP)/Deputy Commissioner of Police (DCP). Whereas, the authority at district level has been empowered to receive complaints against officers or and up to the rank of Deputy Superintendent of Police (DySP)/Assistant Commissioner of Police (ACP). The authorities at state and district levels will enquire into allegations of ‘serious misconduct’ of the officers either suo motu or on a complaint received from a victim or family members on his/her behalf or National/State Human Rights Commission or the police itself.

These authorities will look into complaints against police officers mentioned above in respect of serious misconduct involving death in police custody, grievous hurt under Section 320 of Indian Penal Code, rape or attempt to commit rape, arrest or detention without following due process of law, allegations of corruption, extortion, land/house grabbing and any incident involving serious abuse of authority. The district-level authority shall forward the complaints received against police officers above the rank of DySP/ACP to state-level authority. Interestingly, the district-level authority has been empowered to receive and enquiry into complaints of non-registration of FIR. Numerous cases have come to fore in which cops declined to register FIR but the complainant, including those wanting to exploit legal loopholes, got orders from the court and got FIR registered.

Though the step is likely to be welcomed by civil society and general public, police officers are not very happy. A senior officer, commenting on the move of Home Department, said that it would increase difficulties for cops. “Many a time, cops doing impartial investigation into a matter are implicated by the party whose interest gets hurt. As a result, cops doing their job have to face enquiries. This affects their morale. Setting up a complaints authority is a welcome step but the mechanism is likely to be exploited by those wanting to settle scores against police officers,” said the officer.

The recommendations of the State as well as district level authorities against the police officer in question shall be binding on the authority concerned. The complaints authorities may recommend departmental or criminal action against the officer, against whom complaint is received, after enquiry.

State level authority shall be headed by a retired judge of the High Court while police officer not below the rank of Additional Director General of Police will be Member Secretary. Members will include a retired police officer not below the rank of Inspector General of Police, ‘a person of eminence’ from civil society, a retired officer not below the rank of Secretary/Commissioner to the State Government .  State Government will select chairperson of State Police Complaints Authority out of a panel of names proposed by the Chief justice of Bombay High Court, and members will be selected from a panel constituted by three-member committee comprising Chairman of State Human Rights Commission (SHRC), State Upa-Lokayukta, and Chairman of Maharashtra Public Service Commission (MPSC).

The district-level authority shall be headed by a retired District Judge and an officer of the rank of DySP or equivalent will be Member Secretary. Members will include a retired police officer not below the rank of SP and a person of eminence from civil society. Chairperson will be selected by State Government out of a panel of names proposed by Chief Justice or a Judge of a the High Court nominated by him. Members will be selected through a panel prepared by three-member committee comprising SHRC Chairman, State Upa-Lokayukta, and MPSC Chairman. 

(Published in The Hitavada CityLine on July 18, 2013)