Bombay High Court Asks Maha Govt To Inform Regarding Steps Taken to Fill Up Vacant Posts At Police Complaints Authority

The Bombay High Court asked the Maharashtra Government to inform the court in three weeks about the steps taken to fill up vacant posts at the Police Complaints Authorities (PCA) meant to address complaints of citizens against police officials.

The bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing a petition filed recently by activist Medha Patkar and a student for the first time.

Justice Datta asked the State's counsel to take instructions regarding the PIL and inform the court in three weeks, following submissions by the petitioner's counsel.

The PIL read that "If it is allowed and granted and directions issued, it will help all the people to seek effective, alternative, cheaper and speedier justice. "

Filed though Advocates Yashodeep Deshmukh and Vinod Sangvikar, it notes that all States were directed to constitute SPCA and also Divisional Police Complaints Authority (DPCA) by the Supreme Court on June 25, 2014 in Prakash Singh v. Union Of India.

However, the SPCA in Maharashtra is not fully functioning owing to lack of funds and manpower, according to the petitioners.

The SPCA is empowered to inquire suo-moto or on a complaint by a victim or any other person or authority against police officers regarding custodial death, grievous hurt or any other complaint involving abuse of power.

Also called the PCA, it has the powers of a civil court and is expected to give recommendations to the Government for taking disciplinary action against erring police officers as per service rules in appropriate cases.

Divisional level Complaints Authority's were also to be set up, however, out of the six only four divisional authorities are there at present "thus depriving citizens/ victims of valuable statutory right of access to justice in case of police atrocity, excesses or corruption."

"This in turn has the effect of silencing the poor victims who may not muster resources and courage to approach SPCA at Mumbai being far away," the plea had added.

Moreover, regarding the 25 posts at the SPCA, only the chairman and member secretary's post if filled by regular appointments, despite the Chairman taking charge two years ago, according ton the RTI query.

"After more than 7 years of enactment of the Amendment Act of 2014, all the Divisional PCAs are yet to be established and not made properly functional where established," the plea added.

Not having permanent staff is detrimental to the functioning of the SPCA, the please added. The second aspect of the PIL is a web portal for this authority.

Therefore the PIL sought to fill up all the vacant posts in the SPCAs and DPCAs while also seeking to quash a government GR from 2019 to the extent it prescribes lesser pay to the post of Chairperson of the SPCA as compared to other tribunal and quasi-judicial bodies despite requirement of the same qualification.

Further the PIL prayed for wide publicity to such bodies and advertise them in police stations itself.

The respondents in the PIL include the State Law and Judiciary Department, the General Administration Department and Maharashtra Government's home department