Writ for "Police Complaint Authority" in UP
I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of "Police Complaint Authority" in UP.
As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
Union of India had directed through its order dated 22 September 2006
that all the States shall form independent State and district level
"Police Complaint Authorities", separate from the control of Police
Department and the State government. There is no such authority in UP.
Hence the petition prays for immediate formation of such an independent
"Police Complaint Authority" at State and district levels.
I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of "Police Complaint Authority" in UP.
As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
Union of India had directed through its order dated 22 September 2006
that all the States shall form independent State and district level
"Police Complaint Authorities", separate from the control of Police
Department and the State government. There is no such authority in UP.
Hence the petition prays for immediate formation of such an independent
"Police Complaint Authority" at State and district levels.
Amitabh Thakur
Lucknow
# 094155-34526
Copy of Writ Petition--
http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html
Relevant portion of Hon'ble Supreme Court order---
Prakash
Singh & Ors vs Union Of India And Ors on 22 September, 2006
Author:
S . Y.K.
Bench:
Y Sabharwal, C Thakker, P Balasubramanyan
CASE NO.:
Writ Petition (civil) 310 of 1996
(2006)8SCC1
14. With the assistance of
learned Counsel for the parties, we have perused the various reports. In
discharge of our constitutional duties and obligations having regard to the
aforenoted position, we issue the following directions to the Central
Government, State Governments and Union Territories for compliance till framing
of the appropriate legislations:
Police Complaints Authority:
(6) There shall be a Police
Complaints Authority at the district level to look into complaints against
police officers of and up to the rank of Deputy Superintendent of Police.
Similarly, there should be another Police Complaints Authority at the State
level to look into complaints against officers of the rank of Superintendent of
Police and above. The district level Authority may be headed by a retired
District Judge while the State level Authority may be headed by a retired Judge
of the High Court/Supreme Court. The head of the State level Complaints Authority
shall be chosen by the State Government out of a panel of names proposed by the
Chief Justice; the head of the district level Complaints Authority may also be
chosen out of a panel of names proposed by the Chief Justice or a Judge of the
High Court nominated by him. These Authorities may be assisted by three to five
members depending upon the volume of complaints in different States/districts,
and they shall be selected by the State Government from a panel prepared by the
State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
panel may include members from amongst retired civil servants, police officers
or officers from any other department, or from the civil society. They would
work whole time for the Authority and would have to be suitably remunerated for
the services rendered by them. The Authority may also need the services of
regular staff to conduct field inquiries. For this purpose, they may utilize
the services of retired investigators from the CID, Intelligence, Vigilance or
any other organization. The State level Complaints Authority would take
cognizance of only allegations of serious misconduct by the police personnel,
which would include incidents involving death, grievous hurt or rape in police
custody. The district level Complaints Authority would, apart from above cases,
may also inquire into allegations of extortion, land/house grabbing or any
incident involving serious abuse of authority. The recommendations of the
Complaints Authority, both at the district and State levels, for any action,
departmental or criminal, against a delinquent police officer shall be binding
on the concerned authority. National Security Commission:
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