Appointment Of Chief Investigating Officer At State Police Complaints Authority: Kerala High Court Seeks State's Response

The Kerala High Court recently issued notice to the State and sought its response regarding the appointment of a Chief Investigating Officer at the State Police Complaints Authority.

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly posted the matter on 9th August for further hearing. 

The PIL was filed by Jaffer Khan who was the Advisory Committee member of the Road Accident Forum for the State and a Human Rights protection activist. he approached the Court aggrieved by the failure to appoint a non-police independent investigating officer, i.e., a Chief Investigating Officer at the State Police Complaints Authority (SPCA). 

Advocate Praveen K Joy while appearing for the petitioner urged urgent consideration of the matter. Senior Government Pleader Aravinda Kumar Babu appeared for the respondents. 

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. The complaints were to be disposed of after a detailed procedure offering the offender and the complainant an opportunity of being heard. Due consideration ought to have been given by the government to the proposal of appointing a private investigating officer. 

Additionally, he argued that Secrion 110 of 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.   

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

The voluntary appointment fo the ACS as the Chairman of the recruitment committee and the appointment of ADGP from the State police as teh government nominee allegedly call in to question the independence and transparency of the selection process. 

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.  

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

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