Bombay High Court
Medha Patkar And Anr vs The State Police Complaints Authority ... on 3 January, 2024
Digitally
signed by
MUGDHA
MUGDHA MANOJ
MANOJ PARANJAPE
PARANJAPE Date:
2024.01.05
14:53:48
+0530 1 13-PIL 60-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.60 OF 2022
Medha Patkar & Anr. ... Petitioners
Vs.
The State Police Complaints Authority
& Ors. ... Respondents
Mr. Yashodeep Deshmukh i/by Mr. Vinod P. Sangvikar for the
Petitioners.
Mr. P. P. Kakade, Govt. Pleader a/w Mr. O. A. Chandurkar, Addl.
Govt. Pleader a/w Mr. M. M. Pabale, AGP for Respondent Nos.1
to 5-State.
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE : 03rd JANUARY 2024
P.C. :
Learned AGP appearing for the Respondents-State
has stated that after the order dated 09 th November 2023 was
passed by the Court, eminent persons from civil society as
Members have been appointed in six Divisional Police
Complaints Authorities by means of Notification issued on 04 th
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December 2023. It has also been stated that an advertisement
has been placed on 29th December 2023 for filling up other
vacancies of Members in the State and Divisional Police
Complaints Authorities. Learned AGP further states that so far
as filling up of the vacancies at the Authorities is concerned,
instructions have been issued to fill up the vacancies by way of
deputation / contractual appointment / outsourcing at the
authority level in tune with the recruitment policy of the State
Government. It has also been stated that the Director General
of Police has issued a Circular on 21 st December 2023 for
publishing the name, address and contact numbers of the State
and Divisional Police Complaints Authorities by placing a board
in the facade of every police station.
2. The Court while passing the order on 09 th November
2023 had also directed the State Government that it shall collect
the necessary information from all the police stations in the
State as to the steps which might have been taken at the end of
the police stations to give publicity to the functions of the
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Authority. It was also required by the Court to bring on record
such information by means of filing of an Affidavit.
3. Learned AGP has stated that such information is
being collected and Affidavit in terms of the order dated 09 th
November 2023 shall be filed within three weeks.
4. Mr. Yashodeep Deshmukh, learned Counsel
appearing for the Petitioners, has drawn our attention to
Paragraph 20 (b) of the judgment of the Hon'ble Supreme Court
in the case of Prakash Singh & Ors. Vs. Union of India &
Ors.1 and stated that the Government is required to maintain
transparency in the appointment of the Members of the
Authorities.
5. Let an Additional Affidavit be filed by the
Respondents-State Authorities bringing on record the
information, which might have been collected from the police
stations in terms of the order dated 09 th November 2023 passed
1 (2006) 8 SCC 1
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by the Court. The Affidavit shall also give the details of the
process being adopted and followed by the State Government
for appointing the eminent persons from civil society as the
Members of the Police Complaints Authorities.
6. Mr. Deshmukh has further stated that so far as the
pay anomaly, which existed in respect of salary to be paid to the
Chairperson of the State Level Authority, is concerned, the
same stands removed, however, in respect of the salary to be
paid to the Chairperson of the Divisional Level Authorities, it is
to be noticed that they are not being paid any salary for the
reason that as per the Rules they are entitled to a sum of
Rs.35,000/- per month, however, in case a retired government
servant is appointed as Chairperson of the Divisional Level
Authorities, his salary is to be paid after deducting the sum of
pension, which he might be drawing on retirement and no such
government servant is appointed as Chairperson, who is
drawing pension less than Rs.35,000/- per month, which
ultimately results in payment of no amount to the Chairperson
of the Divisional Level Authorities towards their salary.
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7. We thus direct the State Government and the
Department of Home to look into the aforesaid aspect and file
an Affidavit separately in regard to the said anomaly existing in
the salary to be paid to the Chairperson of the Divisional Level
Authorities.
8. Learned Government Pleader shall appraise the
Additional Chief Secretary, Home Department of the State of
Maharashtra, of this order and accordingly seek instructions and
file the Affidavit.
9. Stand over to 07th February 2024.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
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