Constitution of Police Complaints Authorities
Government of Maharashtra
Home Department
Government Resolution No.: PCA-1013/CR- 109 /Pol-3
Home Department, World Trade Centre,
Cuffe Parade, Mumbai-400 005.
Date: 15th July, 2013.
1. Judgment dated 22/09/2006 of the Hon'ble Supreme Court of India in Writ
Petition (Civil) No.310/1996 in Prakash Singh and Others Vs. Union of India
and Others.
2. Government Resolution No.NPC-1008/2/CR-6/POL-3, dated 25/07/2008.
Background
The Government of India had appointed a National Police Commission (NPC) for
fresh examination of the role and performance of police, both as a law enforcing agency
and as an institution to protect the rights of citizens enshrined in the Constitution of India.
The NPC, after examining all the issues in depth, submitted various reports and the final
report in 1981. Prakash Singh and Others had filed Writ Petition (Civil) No.310 of 1996
against Union of India and others under Article 32 of the Constitution of India for direction
to implement the report of the NPC and to frame a new Police Act in order to ensure that
police is accountable essentially and preliminarily to the law of the land and the people.
The Hon’ble Supreme Court of India, while deciding the said Writ Petition by its
judgment dated 22/09/2006, has held that it is essential to lay down guidelines to be
operative till the new legislation is enacted by State Governments. The Hon’ble Supreme
Court of India has issued directions under Article 32 read with Article 142 of the
Government Resolution No.: PCA-1013/CR- 109 /Pol-3.
Constitution of India for Constitution of State Police Complaints Authority and District
Police Complaints Authorities in the said Judgment.
Resolution
In pursuance of the judgment of the Hon’ble Supreme Court of India and till
appropriate changes are made in the Maharashtra Police Act, 1951 and /or other relevant
rules on the lines of the Supreme Court directions, the Government of Maharashtra issued
Government Resolution referred to at Sr. No. (2) Above. Now after due consideration of
Hon’ble Supreme Court’s order dated 22/09/2006, the Government of Maharashtra
reconstitutes the State and District Level Police Complaints Authorities as under :
There shall be Police Complaints Authority at the State Level consisting of the
following:-
1) 1. A retired High Court Judge -
2) Chairperson
3)
4) 2. A Police Officer superannuated
in the rank not below the
Inspector General of Police
-
5) Member
6) 3. A person of eminence from the
civil society
-
7) Member
8) 4. A retired officer not below the
rank of Secretary/
Commissioner to the State
Government.
-
Member
5. An officer not below the rank of
Additional Director General of
Police
-
Member Secretary
2 The Chairperson of the State Level Police Complaints Authority shall be chosen
by the State Government out of a panel of names proposed by the Hon’ble Chief Justice
of the Bombay High Court. Members of the State Level Police Complaints Authority shall
be selected by the State Government from a panel prepared by a three member
Committee comprising (i) the Chairman, State Human Rights Commission (Maharashtra),
Government Resolution No.: PCA-1013/CR- 109 /Pol-3.
(ii) the State Upa-Lokayukta (Maharashtra) and (iii) the Chairman, Maharashtra Public
Service Commission.
3 The State Police Complaints Authority shall exercise powers and functions as
under:-
(i) look into the complaints against police officers of the rank of Superintendent of
Police/Deputy Commissioner of Police and above in respect of serious
misconduct involving (i) death in Police custody, (ii) grievous hurt, as defined in
Section 320 of the Indian Penal Code, 1860, (iii) rape or attempt to commit rape,
(iv) arrest or detention without due process of law, (v) allegations of corruption,
(vi) extortion, (vii) land/house grabbing and (viii) any incident involving serious
abuse of authority;
(ii) enquire into allegations of serious misconduct of the above officers either suomoto
or on a complaint received from (a) a victim or family members on his
behalf, (b) the National or State Human Rights Commission, and (c) the police;
(iii) require any person to furnish information on such points or matters as in the
opinion of the authority may be useful for or relevant to the subject matter of
enquiry; and
(iv) make appropriate recommendations to the State Government on any case
enquired into it;
4. There shall be a Police Complaints Authority at each district called the District
Police Complaints Authority consisting of the following:-
1. A retired District Judge - Chairperson
2. A police officer superannuated in the - Member
rank not below the Superintendent of Police
3. A person of eminence from the civil - Member
society
4. An officer of the rank of Dy. Superintendent - Member Secretary
of Police or equivalent
Government Resolution No.: PCA-1013/CR- 109 /Pol-3.
5. The Chairperson of the District Level Police Complaints Authority shall be chosen
by the State Government out of a panel of names proposed by the Chief Justice or a
Judge of a High Court nominated by him. Members of the District Level Police Complaints
Authority shall be selected by the State Government from a panel prepared by a three
member Committee comprising (i) the Chairman, State Human Rights Commission, (ii)
the State Upa-Lokayukta (Maharashtra) and (iii) the Chairman, Maharashtra Public
Service Commission.
6. The District Level Police Complaints Authority shall exercise powers and perform
functions as follows :
i) receive complaints against police officers of and upto the rank of Deputy
Superintendent of Police posted in the respective districts/Police
Commissionerates, if any, located within the particular District;
ii) enquire into allegations of serious misconduct of the above officers either suomoto
or on a complaint received from (a) a victim or family members on his
behalf, (b) the National or State Human Rights Commission, and (c) the police;
iii) look into complaints against police officers of and upto the rank of Deputy
Superintendent of Police/Assistant Commissioner of Police in respect of
serious misconduct involving (i) death in Police custody, (ii) grievous hurt, as
defined in Section 320 of the Indian Penal Code, 1860, (iii) rape or attempt to
commit rape, (iv) arrest or detention without due process of law, (v) allegations
of corruption, (vi) extortion, (vii) land/house grabbing and (viii) any incident
involving serious abuse of authority;
iv) forward the complaints to the State Police Complaints Authority against police
officers above the rank of Deputy Superintendent of Police/Assistant
Commissioner of Police;
v) receive and enquire into the complaints of non-registration of First Information
Report; and
vi) make appropriate recommendation to the appropriate authority on any matter
enquired into by the Authority.
Government Resolution No.: PCA-1013/CR- 109 /Pol-3.
7. For Commissionerate of Police, Mumbai there shall be a District Police Complaints
Authority at Mumbai and Commissionerate of Police, Navi Mumbai will be part of the
District Complaints Authority of District Raigad.
8. The terms of office of the persons of eminence appointed by the State Government
in the Police Complaints Authority at State Level as well as District Level shall be for a
period not exceeding three years. The other terms and conditions of such members shall
be as may be prescribed by the State Government.
9. The recommendations of the State Level as well as District Level Police
Complaints Authorities, for any action departmental or criminal, against a delinquent
police officer shall be binding on the Authority concerned. However, in exceptional cases
for reasons to be recorded in writing by the concerned Authority, the recommendations
may be departed from.
This Government resolution of Maharashtra Government is available at the
website www.maharashtra.gov.in. Reference no. for this is 201307151135523629. This
order has been signed digitally.
By order and in the name of the Governor of Maharashtra.
( Charushila Tambekar )
Joint Secretary to Government of Maharashtra
Copy forwarded to:
1. The Secretary to the Hon'ble Governor,Rajbhavan, Malbar Hill,Mumbai;
2. Additional Chief Secretary to the Hon'ble Chief Minister;
3. Secretary to the Hon'ble Dy.Chief Minister;
4. P.S. to the Hon. Home Minister;
Government Resolution No.: PCA-1013/CR- 109 /Pol-3.
5. P.S.to the Hon'ble Minister of State for Home;
6. Sr.P.A. to the Chief Secretary;
7. Sr.P.A. to the Addl. Chief Secretary (Home);
8. Sr.P.A. to the Addl. Chief Secretary (Services), General Administration
Department;
9. Sr.P.A. to Principal Secretary, Law & Judiciary Department;
10.PA to Secretary (Special), Home Department;
11.The Director General of Police, M.S., Mumbai;
12.All Range Inspector Generals of Police;
13.All Commissioners of Police;
14.All Divisional Commissioners (Revenue);
15.All District Collectors,
16.All Superintendents of Police;
17.All Joint Secretaries / Dy. Secretaries, Home Department;
18.Select File Pol-3, Home Department.
May 29, 2015, MUMBAI: The government has set up an authority to hear complaints against police personnel, including custodial injury , death and rape, arrest or detention without prescribed procedure, and misconduct.
The State Police Complaint Authority (SPCA), formed on Thursday , will be headed by a former high court judge. It will hear complaints against police officers of the rank of assistant commissioner and above. Similar authorities at the district level, to be headed by retired district judges, will hear complaints against junior officers. The SPCA will also have suo-motu powers of inquiry .
In September 2006, the Supreme Court gave six directives to all states on police reforms, including that a complaints authority be set up. Maharashtra is probably the first state to do so.
A senior bureaucrat said the body will have the powers of a civil court, including summoning and enforcing the attendance of witnesses, examining them on oath, receiving evidence on affidavit, and requisitioning public records or copies from any court or office.
The SPCA will submit its reports to the state government. If a report is accepted, it will be forwarded to the police station concerned to be recorded as an FIR. The SPCA will also have powers to advise the state government on mat ters like ensuring the protection of witnesses, victims and their families. An SPCA member can visit a police station and lockups or any places of detention used by the police.
Justice (retd) A V Poddar has been appointed as the head of the SPCA. Retired additional directors general of police R R Sonkusare and Prem Kishan Jain, and retired bureaucrat Ramarao are its members. The additional director general of police (establishment) will be member secretary
In September 2006, the Supreme Court gave six directives to all states on police reforms, including that a complaints authority be set up. Maharashtra is probably the first state to do so.
A senior bureaucrat said the body will have the powers of a civil court, including summoning and enforcing the attendance of witnesses, examining them on oath, receiving evidence on affidavit, and requisitioning public records or copies from any court or office.
The SPCA will submit its reports to the state government. If a report is accepted, it will be forwarded to the police station concerned to be recorded as an FIR. The SPCA will also have powers to advise the state government on mat ters like ensuring the protection of witnesses, victims and their families. An SPCA member can visit a police station and lockups or any places of detention used by the police.
Justice (retd) A V Poddar has been appointed as the head of the SPCA. Retired additional directors general of police R R Sonkusare and Prem Kishan Jain, and retired bureaucrat Ramarao are its members. The additional director general of police (establishment) will be member secretary
Top Comment
Good initiative , it must also include complaints of non-registration of complaints /FIRs by Police officers at Police station level as well as inadequate investigation to the satisfaction of complainant.ajayjollyman