Govt apathy cripples Police Complaint Authority

The next time a police officer refuses to register an FIR, misbehaves and intimidates, evades from conducting proper investigation of your matter, registers a false case or makes an illegal arrest, do not let him get away.  

File a complaint with the Uttarakhand Police Complaint Authority. Taken by surpriseIJ Chances are you have not even heard of such a body before. For even though it has been half-a-decade since this organisation came into being, virtually nothing has been done  to spread public awareness about it.

In a detailed discussion with The Pioneer, members of the Police Complaint Authority (PCA), situated on 28, Park Road, complained that they were unable to undertake activities to disseminate information about the organisation as there was no money allotted for this function. Though The Uttarakhand Police Complaint Authority was established under the Uttarakhand Police Act, 2007, the State Government has not sanctioned any funds for awareness and publicity, they said. Chairman of Uttarakhand Police Complaint Authority, Justice (retd.) Anjani Kumar rued, "Till date there is no head or title for 'prasar and prachar' (information and publicity) in the Authority's annual budget sanctioned by the State Government. How are we to use various media or visit villages to hold awareness campsIJ"

The Authority does not have a website. The State Police website mentions other relevant web links such as the State lokayukta and Home Ministry, but does not mention the Police Complaints Authority as one of the bodies where complaints could be made against the police.

As stated by Supreme Court lawyer, Shipra Kahazanchi, "The State Government and the Authority are jointly responsible to ensure that the existence of the Authority reaches every nook and corner of Uttarakhand." On condition of anonymity, a member of the Authority said that the lack of complaints against revenue police also indicates that people in villages of Uttarakhand are totally unaware about the Authority.

Government continues to pay lip service to bring about better police accountability, but there is no sincerity, it seems. For the functioning of the Police Complaint Authority is wrought with weaknesses. Besides the dismal lack of public awareness about it even after five years of its establishment, the Government has failed to approve something rules of the Authority to conduct its work. Uttarakhand Police Act, 2007 provides that the Authority has the right to frame its own rules for the conduct of its business with the approval of the government. In 2008, the then Chairman of the Authority, Justice (retired) Shrivastava had framed the rules and sent them to the Government for approval. However, the State Government is yet to approve the rules.  

"The government has clearly shown no interest in taking the matter forward. Experience shows that in the absence of rules/ guidelines for effective functioning, the Authority may be rendered useless," cautions Commonwealth Human Rights Initiative that has been tracking the establishment and growth of the newly created Police Complaints Authorities across different states of India. Another area of serious concern is that the Authority does not have independent investigators to conduct enquiries and determine whether or not a case is made out against a police officer.

The Supreme Court recognised this and clearly stated in its 2006 Judgement in the Prakash Singh case that '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.'

On being quizzed on the issue by The Pioneer, members of the Authority rued that they were facing an acute staff shortage and admitted that having a independent investigators will go a long way in making the Authority an independent, civilian oversight mechanism capable of giving relief to complainants. However, they blamed it on the State Government for not having sanctioned posts of investigators.

As also found in a CHRI research on Uttarakhand Police Complaint Authority, a clear conflict of interest results when the police are tasked with investigating the alleged misdeeds of fellow officers under their jurisdiction. Besides, another problem that arises from the Authority's reliance on the police to carry out investigation is the possibility of complainants being intimidated into withdrawing their complaints.

"The Uttarakhand Authority's reliance on the police to investigate members of their own service and then base their orders on their reports, negates the very reasoning behind creating a Complaints Authority that would be independent of the police. It is quite possible that complainants who withdrew their complaints did so because they were pressured by the officer sent by the Authority to investigate the matter. Even in cases where complaints were not withdrawn, a police inquiry almost always finds that there is no substance in the complainant's allegation."

According to Avdash Kaushal of RlEK, "The guiding principle of the Authority is to serve as an external oversight body over the police. As independent bodies, the PCA was envisaged as an easily accessible, trusted and reliable body to seek redress against police wrongdoing. As such, they were to serve as the link between the police and people in overcoming distrust and gradually improve police performance. However, despite being functional for five years, the Authority is still to make any impact on police  accountability."

There are several other areas wherein the State has not complied with Supreme Court orders on police reforms. Former DGP Assam and UP, and DG (BSF), Prakash Singh, said: "The Justice JS Verma Committee, which was appointed in the wake of the Delhi gangrape incident, had recommended a comprehensive set of measures. One of those related to 'full compliance' of the Supreme Court's directions on police reforms as "of utmost priority to national welfare, including the welfare of women and children. Police reforms in the country are absolutely essential - not only for better policing but, taking a larger view, to uphold the democratic structure of the country and ensure its sustained economic progress. These are not an option, but a must."