In yet another decision which is likely to increase the already prevailing tension between the Delhi Government and lieutenant Governor Najeeb Jung, the Delhi Cabinet on Tuesday approved setting up of State Police Complaint Authority and District level Police Complaint Authority to deal with complaints related to police officers. It must be noted, however, that the Delhi Government has no jurisdiction over Delhi Police, which directly reports to the lt Governor and the Ministry of Home Affairs.
“Following the Supreme Court order in letter and spirit, the Cabinet decided that the Public Grievance Commissions will not look after the work of police complaint authority and a Police Complaint Authority would be set up for the same,” said a statement issued by the Government.
Sources in the Raj Niwas said that in the case of Prakash Singh and others, the Supreme Court had ruled that there needs to be a police complaint authority, after which, the Government had notified Police Grievance Commission as police complaint authority. The source added that by creating policing for the police, the AAP Government will be creating more confusion. He further added that policing is a reserved subject that comes under the lt Governor and the Government will need lG’s and MHA’s approval for the setting up such an authority.
While the State level Authority will deal with complaints related to officers of the rank of DCP and above, the District level Authority will deal with complaints related to officers and other staff of the rank of ACP and below.
“The State level Police Complaint Authority shall consist of a Chairman and five members who shall be appointed by the Government of National Capital Territory of Delhi. The Chairman of the Authority shall be a retired Judge of the High Court/ Supreme Court who would be selected by a Selection Committee out of a panel of names proposed by the Honourable Chief Justice of Delhi High Court,” said the statement.
Each District will also have a Police Complaint Authority. It shall consist of a Chairman and five members who shall be appointed by the Government of National Capital Territory of Delhi.
“The Chairman of the District level Authority shall be a retired District Court Judge who would be selected by a Selection Committee out of a panel of names proposed by the Honourable Chief Justice or a Judge nominated by the Chief Justice,” the Government said.
The five whole time members of the authorities would be chosen from retired civil servants, police officers or officers from any other department, or from the civil society. At least one member should be a lady. The five members shall be selected by a selection committee out of a panel of names proposed by lokayukta, Delhi Commission for Women and State Human Rights Commission (if it has been formed).
The Selection Committee, which would recommend the names of the persons to be appointed as the Chairperson and Members of the State and District Police Complaint Authority would comprise of the Chief Minister of Delhi, Chairperson of the Committee, Speaker of the legislative Assembly, Member of the Committee, Minister-in-Charge of the Department of Home, Delhi, Member of the Committee and leader of Opposition in the legislative Assembly, Member of the Committee, the Government said.