Explain Delay In Appointment Of Chief Investigating Officer At Police Complaint Authority: Kerala High Court To State

The Kerala High Court recently asked the State to explain its delay in appointing a Chief Investigating Officer at the State Police Complaints Authority despite several extensions granted to it.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly disagreed with the submission of the State that it had taken prompt steps to implement the previous directions of the Court in this matter. 

"Though Mr. V. Manu, learned Senior Government Pleader, submitted that steps have been taken promptly to implement the directions issued by this Court, we are not in agreement with the said submission for reason that 3 months time granted by this Court for completing the whole process has already expired, and when the matter is listed today, a notification dated 15.03.2022 is produced, as if the respondents were prompt in implementing the directions of this Court, within the stipulated time. Judicial notice can be taken that extension petitions are filed as a matter of routine."

The matter will be taken up again on March 25. 

The PIL filed through Advocate Praveen K Joy challenged the failure to appoint a Chief Investigating Officer at the State Police Complaints Authority (SPCA) despite clear notifications from the Government.

When the matter was taken up in August 2021, the State was directed to speed up the reconstitution of the selection committee, and finalize the selection within three weeks. However, the State sought an extension arguing that though a notification was issued, there were no eligible candidates, and therefore, the qualification/remuneration had to be revisited.

In November 2021, the Court directed the State to complete the process of selection and issue orders of appointment within a matter of 3 months. The Bench had then made it clear that sufficient time had already been given and no further extension of time would be granted. Thus, the directions issued were to be implemented in letter and spirit. 

When the case was taken up last week, Senior Government Pleader V. Manu apprised the Court that after revising the qualifications, a notification was issued on March 15 inviting applications to the post. He submitted that steps have been taken promptly and that the process was nearing completion.

After perusing the notification, the Bench noted that the last date for submission of the applications for scrutiny was March 31, 2022 (5:00 pm). Therefore, it took the view that the time granted to the State for the appointment of CIO had expired months ago, and yet no prompt action was taken to implement its directions. 

In the plea, it was alleged that there were several government notifications published for the recruitment of CIOs in the State and that they have not been implemented since 2016. It was argued that Section 110 of the Kerala Police Act 2011 also mandated the constitution of a Police Complaints Authority, comprising of State and District authorities respectively. The main aim of these authorities was purportedly to make clear to the public that the doors of justice were open to them, despite the number of grave human rights violations reported through some officials.

It was also alleged that the stand adopted by the government authorities in not taking positive steps for the appointment of the CIO at SPCA is highly illegal, arbitrary and against the law. Unless the same is appointed, the smooth functioning of the State Police Complaints Authority was impossible.

The petitioner had prayed that there was every possibility that the matter will be delayed if directions were not issued by the Court. It was argued that without urgent interference, irreparable loss and injury will be caused to the public at large.

The State had previously informed the Court that although the shortlisted candidates were called for interview on 26.7.2021 before the selection committee, since one of the nominees of the Chairman, SPCA, could not attend the selection process, the interview was postponed.

Later on, as per the proposal put forth by the Chairman of SPCA, the State decided to appoint a CIO for SPCA as such:

"The appointment of Chief Investigation Officer will be on a contract basis for a period of one year on a consolidated monthly payment of Rs. 75,000/- and the officer will be in the rank of Superintendent of Police. Also, the appointment of the CIO shall be in consultation with the Chairman, SPCA."

As such, a notification was drafted by the Home Department inviting applications for the post of CIO. It was within these applications that the selection process is now occurring.

Case Title: Jaffer Khan v. State of Kerala & Ors.

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