The state govt has set up the State Police Complaints Authority (SPCA), a body that will keep tab on anti-social activities in the police dept. It would only have recommendatory powers, though. However, a first information report (FIR) can be filed against policemen based on its report.
What is the purpose the authority?
The purpose of setting up SPCA is to make the police remain conscious of human rights.
Has it become functional?
No. It would become functional in a few weeks.
Who are the members of SPCA?
Chairperson: A retired high court judge; Members: A retired officer in the rank of inspector general of police or above; a person of eminence in civil society; a retired bureaucrat; Member secretary: A serving IPS officer in the rank of additional director general of police.
"The names of two retired judges have been short-listed," said a senior home dept official.
Their term of office?
The term of office of an SPCA member would be three years. The organisation would also have divisional units.
How will it function?
It can inquire against an official suo-moto, or based on complaint filed by a victim/member of his/her family or any other person on his/her behalf. National and state human rights commissions can also refer complaints to it.
What are the complaints it would look into?
Death in police custody, grievous hurt, rape or attempt to commit rape, illegal arrest or detention, corruption, extortion, land or house grabbing and any other matter involving serious violation of any provision of the law or abuse of lawful authority.
What kind of power does it have?
Powers of a civil court in trying a civil suit. All proceedings before it would be deemed judicial. SPCA can summon/enforce attendance of witnesses and examine them under oath, as well as seek evidence and documents.
It would also have power to advise the govt on measures to ensure protection of witnesses, victims and their families, who might face threat or harassment for complaining or furnishing evidence. Its member may also visit police station, lock-up or any other place of detention.
What after an inquiry?
SPCA will submit a report to the govt in the prescribed time-frame.
What will govt do then?
The govt can accept the report, treat it as preliminary inquiry (for the purpose of instituting disciplinary proceedings) and thereafter, the govt or competent authority can call for disciplinary proceedings against the official involved.
As per the report, prima facie if there is a case of cognisable offence, the govt can forward it to the police station concerned and it may be recorded as an FIR.
What if report is rejected?
If a report is rejected, SPCA may be required to hold another inquiry and submit a fresh report. It can also take action against those who lodge false complaints against police officials.
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