The Union Ministry of Home Affairs (MHA) has given a go-ahead to the UT Administration to file special leave petition (SlP) in Apex Court against Punjab and Haryana High Court directions of making Police Complaint Authority (PCA) recommendations binding on UT Police.
The UT Administration had recently written to the MHA requesting to review the functioning of the PCA and allowed UT Administration to approach Supreme Court against the directions of HC.
UT Home Secretary Anil Kumar said, “The MHA has given nod to the UT Administration to file SlP in Supreme Court against the directions of HC. Now, we will file SlP in the Apex Court shortly.”
“The HC had ordered the Administration to amend its notification regarding the PCA, which was against SC directions,” he added.
Punjab and Haryana High Court had ordered UT to make PCA a more potent body. The HC had directed UT Administration to make necessary amendments in the notification of PCA and make the orders passed by PCA binding on the Administration and Chandigarh Police.
Seeking more teeth for the PCA, a public interest litigation was filed in the HC in June 2012 where the petitioner had demanded that the Authority should be given powers to pass directions to the Chandigarh Police so that its (authority) orders are implemented.
The petitioner had contended that the Chandigarh Police is not complying with the recommendations of the PCA. Stating that the Authority should not be reduced to a "complaint box", the petitioner had sought directions in this regard.
On the issue, HC had directed the UT Administration to issue a fresh notification making recommendations of the Police Complaint Authority binding.
The UT Administration had constituted the Police Complaint Authority in 2010 under the chairmanship of Justice (Retd.) NK Aggrawal. Other members included AA Siddiqui and Joyshri lobo. The term of the office of the chairperson and the members was for three years.
The PCA was set up to inquire into allegations of serious misconduct against police personnel, as detailed below, either suo moto or on a complaint received from a victim or any person on his/her behalf; the National or the State Human Rights Commission; the police; or any other source.
Since 2010, the PCA has given directions on around 450 complaints. And, in more than 100 cases, UT police personnel were found guilty of misconduct.
In the recent past, PCA has remained in the limelight for issuing strict actions against Chandigarh cops including suspensions and departmental actions against some of the policemen. It had ordered suspension of around
15 policemen.