The Government of Kerala has initiated actions to setup a Police Complaints Authority in the state. The authority is expected to deal with complaints by and against the state police. The authority has been formed in accordance with the Kerala Police Act (Amendment) Ordinance, 2007 issued by the state government on February 12, 2007. The authority has been setup under the Chairmanship of the retired High Court Judge Mr K. K. Dineshan.
The setting up of this authority is a welcome move. As of now there are no independent mechanisms in the state with powers to entertain complaints against the police, independently investigate them and also enforce its findings. The Government of Kerala has set a model for the other state governments in India and also to the central government to follow.
The Supreme Court of India when deciding the Prakash Singh case has issued directions to the state and central governments calling for drastic changes in policing within India. A simple reading of the Ordinance issued by the Government of Kerala however raises an apprehension that whether the government is serious enough in complying with the directions of the Supreme Court. The Police Complaints Authority itself is an example.
For the Police Complaints Authority to be fully functional the government must immediately appoint the remaining members at the state and the district level to the authority. The Asian Human Rights Commission (AHRC) expects that the Government of Kerala will further implement all the other directives of the court without any delay.
If the government is serious to bring in changes to the state police, a mere setting up of the Police Complaints Authority alone is not enough. The government has to provide adequate infrastructure for the state and district level Police Complaints Authority to function and to serve its mandate. The Ordinance issued by the government, to meet the deadlines fixed by the Supreme Court has in fact watered down the Courts orders.
For example the AHRC has apprehensions regarding the enforceability of the findings of the state and district level authority. The direction of the Supreme Court is that 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[emphasis added] on the concerned authority.
In the Ordinance issued by the state government regarding the enforceability of the findings of the authorities the above direction of the court has been watered down by: recommendations of the Authority
against a delinquent police officer shall be binding in so far as initiation of departmental proceedings or registration of a criminal case[emphasis added] is concerned. Such recommendation shall, however, not prejudice the application of mind by the enquiry officer or the investigating officer [emphasis added] when he is conducting the departmental enquiry or criminal investigation, as the case may be.
In a similar fashion, the Ordinance has reduced the power of the state and district level authorities to that similar to a civil court. The Supreme Courts direction is to provide the authorities independent investigative facilities to investigate a complaint as if in a scientific criminal investigation. Under the current Ordinance no such provision is made.
There are several other instances where the directives of the Supreme Court are watered down by the state government through its Ordinance. This will be addressed in a separate statement by the AHRC.
Now that the state government has started setting up the Police Complaints Authority, the government must immediately ensure the following minimum requirements:
1. The remaining appointments to the state and district level authorities must be made with the least possible delay
2. The appointments to the district level authorities and the other members to the state authority must be made through an impartial and open process
3. The state and district level authorities must have enough facilities to investigate and inquire into complaints submitted to them
4. Considering the nature of complaints these authorities have to entertain, the access to these authorities must be possible through the simplest forms avoiding complex official formalities like formal plaints and complaints and the representation through legal practitioners. Anyone willing to complain to these authorities must be welcomed by the authorities with utmost confidence. This must be reflected in the rules of procedure to be formulated for these authorities rather than leaving it to the discretion of the persons chairing the state and district level authorities.
