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Bombay High Court directs next date for listing matter pertaining to functioning of State Police Complaints Authority

The Bombay High Court directed that by the next date of listing of this matter, the State Government shall collect the necessary information from all the police stations in the State as to what steps have been taken at the end of the police stations to give publicity to the functions of the authority.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor heard a Public Interest Litigation (PIL) filed regarding functioning of the State Police Complaints Authority and the Divisional Police Complaints Authorities, which have been constituted pursuant to the judgment passed by the Supreme Court in the case of Prakash Singh & Ors. Vs. Union of India & Ors.

An additional affidavit has been filed by the respondent no.4 (Joint Secretary in the Home Department. According to the said additional affidavit, certain steps have been taken to fill in the vacancies in the Police Complaint Authority, both at the State level and the Divisional level. The Court however, notice the need to expedite the process of filling up of these vacancies.

About vacancies in the staff at the State and Divisional level Police Complaint Authorities, it has been stated that the Government is in the process of reconsidering the policy in respect of the procedure to outsourcing the staff. The scarcity of the staff in these authorities makes function of the authorities almost impossible.

Thus, the Court directed that adequate and prompt steps shall be taken by the State Government to fill up the vacant posts of the staff.

Regarding the pay anomaly, a notification dated 27th September, 2023 has been issued. As regards publicity of the functions of the Police Complaint Authority, it has been stated in the additional affidavit that advertisements have been put up in newspapers and also instructions have been issued to the Director General of Police vide letter dated 5th October, 2023. According to the said letter dated 5th October, 2023, the Director General of Police has been required to give wide publicity to the functions of the authority in every police stations.

“We, thus, direct that by the next date of listing of this matter, the State Government shall collect the necessary information from all the police stations in the State as to what steps have been taken at the end of the police stations to give publicity to the functions of the authority. The information so collected shall be brought on record of this Court by means of an affidavit. We also direct that in the affidavit to be filed under this order, the State shall also elaborate as to the steps taken by it in respect of necessary infrastructural facilities to be provided to these authorities”, the order reads.

Matter is listed next on 3rd January, 2024.

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