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Bombay High Court Justice (retd) Shrihari P Davare appointed the new chairperson of Maharashtra State Police Complaints Authority, other members to be appointed
New Delhi, Mar 05, 2020: The Bombay High Court Justice (retd) Shrihari P Davare was appointed the new chairperson of the Maharashtra State Police Complaints Authority on Thursday and other members yet to be appointed.
The Maharashtra State Police Complaints Authority adjudicates allegations of high-handness, shoddy or improper investigations, custodial torture and refusal to file FIRs against the police. However, its recommendations for action against errant police personnel are not binding upon the state government.
The Maharashtra State Police Complaints Authority is currently shut since the three-year term of its previous members ended in the first week of January. However, the process to reconstitute it only began later in January.
While the Bombay High Court Chief Justice suggests the name of a retired judge to head the Authority, the home department interviews a retired IPS official, the chief secretary selects a retired IAS officer and a civil eminent member is selected through interviews. A senior Maharashtra Police official said the other three members are yet to pick.
The Authority was formed by former Chief Minister Devendra Fadnavis in February 2017, with Bombay High Court Justice (retd) A V Potdar as its chairperson and former Additional Director General of Police P K Jain, retired IAS officer N Ramarao and Umakant Mitkar as its members.
Established on January 2, 2017, the SPCA has received 649 complaints from all over Maharashtra till date. Speaking to mid-day, former DCP Nagesh Lohar, investigating officer attached to SPCA, said, "Of the total 649 complaints, 196 have already been disposed, 259 are still being heard and the remaining 194 are being scrutinised."
Quasi-judicial body
The SPCA, headed by Chairman Anand Potdar, a retired Bombay High Court judge, and three members — former DGP P K Jain, Umakant Mitkar from the civil society and Rajendra Singh, additional director general of police — is a quasi-judicial body with powers like that of civil courts. The orders passed by the authority are binding on the state government. However, the government can ask the body to revisit the order only once. The order passed by SPCA can be appealed only before the High Court.
Complaint procedure
Apart from the members heading SPCA, four retired police officers of the rank ACP and above are hired on a contractual basis for a period of three years. They are entitled to their last salary from which the pension amount gets deducted. According to sources in the authority, anyone from the public or even a junior cop can approach the SPCA to register complaints against police officers.
The complainant has to first write to the senior officer or in-charge of the concerned police station and incase no action is taken in the matter within a month, then he/she can write to SPCA and submit the required evidences.
Thereafter, SPCA would summon witnesses, record statements and call for documents from the police station. And finally after a thorough investigation in the matter, the authority would pass the necessary order, which is binding upon the state government and police force.
The sources further said that if anybody files a false complaint, then SPCA can direct the criminal court to take action as per the Maharashtra Police (Amendment & Continuance) Act 2014. If found guilty, then the complainant might be imprisoned for a period of over two years or fined.
It seems the state government is not serious about listening to people's grievances against the police. The State Police Complaint Authority (State PCA) of Maharashtra, the only body to hear the grievances of people against senior police officers, has not been hearing cases, as the government has not bothered to renew its contract that ended on January 2.
In the year 2014, Maharashtra issued a Government Resolution (GR) to establish the State PCA. On May 25, 2015, some staff was appointed for the State PCA. But it started officially on February 1, 2017 in the MTNL building opposite Cooperage ground.
Committee members quit
A committee was formed for the State PCA comprising a retired judge of the High Court, a retired IPS officer, a retired IAS officer, an ADG Establishment and a law officer. But there was a shortage of staff since its office began. Soon, those appointed to the committee also quit. Retired High Court judge A B Potdar who was on leave for health reasons in March 2019 resigned in August 2019. Former IAS officer Ramarao also quit a year back. After this retired IPS officer P K Jain and civil society member Umakant Mithkar heard the cases.
A State PCA team was also formed to look after the administrative work. The state government had also decided to set up six of the Division Level Police Complaint Authority (DLPCA) at district level. But out of these only two units were established in Pune and Nashik. Under the DLPCA, a complaint could be made regarding personnel from police constable to police inspector.
In the past three years, the State PCA had 1950 complaints lodged with it, out of which 670 were transferred to DLPCA, while 900 complaints were settled etc. Some 30 cases were recommended to the Home Minister, who has the authority to punish guilty officers. The home ministry has asked the DG office to act in four of these complaints. The State PCA still has over 300 applications pending.
Committee member speak
Former State PCA member P K Jain said, "We had a three-year contract with the state government which ended on January 1, 2020. We have not received any further information from the state government yet. We not hearing any cases since January 2."
News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|
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