CHANDIGARH: Circumventing directions of the Supreme Court to appoint retired judge of the high court as chairperson of the state Police Complaints Authority (PCA), the Punjab government has finally notified the Punjab Police (Appointment of Chairperson and Members of Complaint Authorities) Rules, 2019, which will allow the state to instead appoint a retired officer of the rank either of state chief secretary or DGP or secretary to Union government.
The Supreme Court had issued these directions in September 2006 in ‘Parkash Singh and others vs Union of India’ case. The apex court had also directed that the district-level PCA be headed by a retired district judge but the Punjab government’s rules say any retired officer of the rank of secretary or DIG can be the chairperson.
The Punjab government had taken legal advice from the advocate-general on the issue and to finalise the new set of rules it went by the explanation that there was no high court stay on appointment of the PCA chief despite advocate Hari Chand Arora’s petition on the issue being pending before the high court.
Selection panel headed by chief secy: PCA
The Punjab government has now constituted a selection committee headed by chief secretary Karan Avtar Singh comprising additional chief secretary (home) Satish Chandra, nominee of the advocate-general and secretary (home). Sources said the state government is going to issue an advertisement later this week to invite applications for the post by December 31.
A senior Punjab government official confirmed that former additional chief secretary (home) Nirmaljeet Singh Kalsi, who superannuated on June 30 this year, is trying for appointment to the post.
The Punjab government in May 2014 had to withdraw its notification of the appointment of retired principal secretary (home) D S Bains as chairperson of the state PCA when it tried to circumvent the Supreme Court directions on the issue.
In March 2014, the then SAD-BJP government had appointed Bains as chairperson of the PCA and when advocate HC Arora challenged this appointment in the Punjab and Haryana high court, the state government withdrew the notification along with the rules for constitution of the PCA.
Over 13 years have passed after the Supreme Court in September 2006 had directed all the states and Union Territories to constitute PCAs to hear complaints against police, but the Punjab government has till date failed to make the PCA functional.
After trying something similar, the Chandigarh administration earned a rebuke from the Punjab and Haryana high court and finallt in February 2017 reconstituted the PCA by appointing retired judge of the high court Justice M S Chauhan.
Chandigarh PCA chairperson’s appointment was quashed
In 2014, Arora had also challenged appointment of Pradip Mehra, former adviser to Chandigarh administrator, as chairperson of the Chandigarh PCA. The high court had in August 2015 quashed Mehra’s appointment. The high court had reasoned, “Though integrity and credibility of retired officers of civil services or police force cannot be doubted and we are also conscious of the fact police complaints authorities cannot succeed without the expertise and cooperation of serving police and government officers, we are of firm view that they should not be included as adjudicating members of the authority.”
“Because their (retired civil and police officers) inclusion in the adjudicatory process would defeat the very purpose of constitution of such authorities as such officers do not possess the acumen and expertise…,” the high court had ruled. It had added that public perception of PCA being an independent body, immune to influences, can be maintained only if its leader is not from executive.
The administration in February 2017 re-constituted the PCA by appointing retired judge of the high court Justice MS Chauhan.
54% complaints with rights panel against cops
Records of Punjab State Human Rights Commission reveal that of the total 2.63 lakh complaints it had received between 1997 and August 2018, 54% (1.44 lakh) were against police personnel. These complaints pertain to abuse of power, false implication in any case and unlawful detention. Also, the commission headed by Justice Mehtab Singh Gill (Retd), probing complaints of false FIRs registered during the 10-year rule of the SAD-BJP coalition, has till date allowed 406 complaints against police personnel by recommending criminal action as well as recovery of compensation from guilty cops.
