Delhi High Court
Common Wealth Human Rights ... vs Union Of India & Ors on 6 February, 2018
$~25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8978/2015
% Date of decision : 6th February, 2018
COMMON WEALTH HUMAN RIGHTS INITIATIVE..... Petitioner
Through : Ms. Rebecca M. John, Sr. Adv.
with Mr. Kushdeep Gaur and
Mr. Vardaan, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Anurag Ahluwalia, Adv.
for R-1/Union of India
Mr. Gautam Narayan, ASC-R-
2/GNCTD
Mr. Gaurav Sarin, Adv. for R-
3/Lt. Governor
Ms. Supriya Juneja, Mr. Aditya
Singla, Mr. Gautam Khazanchi,
Ms. Drishti Harpalani, Mr. Udit
Arora and Ms. Nivedita
Mukhija, Advs. for R-
4/Commissioner of Police,
Delhi
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. Concerned with the far reaching changes which had taken place
in India after the enactment of the Indian Police Act, 1861 and
absence of any comprehensive review thereof, by an order dated 22 nd
September, 2006 passed in W.P.(C) 310/1996 Prakash Singh & Ors.
v. Union of India, the Supreme Court had issued inter alia the
following comprehensive directions :
" Police Complaints Authority:
(6) There shall be a Police Complaints Authority at
the district level to look into complaints against
police officers of and up to the rank of Deputy
Superintendent of Police. Similarly, there should be
another Police Complaints Authority at the State
level to look into complaints against officers of the
rank of Superintendent of Police and above. The
district level Authority may be headed by a retired
District judge while the State level Authority may be
headed by a retired judge of the High Court/
Supreme Court. The head of the State level
Complaints Authority shall be chosen by the State
Government out of a panel of names proposed by the
Chief Justice; the head of the district level
Complaints Authority may also be chosen out of a
panel of names proposed by the Chief Justice or a
Judge of the High Court nominated by him. These
Authorities may be assisted by three to five members
depending upon the volume of complaints in
different States/ districts, and they shall be selected
by the State government from a panel prepared by
the State Human Rights Commission/ Lok Ayukta/
State Public Service Commission. The panel may
include members from amongst retired civil
servants, police officers or officers from any other
department, or from the civil society. They would
work whole time for the Authority and would have to
be suitably remunerated for the services rendered by
them. The Authority may also need the services of
regular staff to conduct field inquiries. For this
purpose, they may utilize the services of retired
investigators from the CID, Intelligence, Vigilance
or any other organization. The State level
Complains Authority would take cognizance of only
allegations of serious misconduct by the police
personnel, which would include incidents involving
death, grievous hurt or rape in police custody. The
district level Complaints Authority would, apart
from above cases, may also inquire into allegations
of extortion, land/house grabbing or any incident
involving serious abuse of authority. The
recommendation 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 on the concerned
authority."
2. The Government of NCT of Delhi by the resolution no.
F.12/04/2011/AR/1630-1789/C dated 27th February, 2012 constituted
the Public Grievance commission. The petitioner makes a grievance
that this Public Grievance Commission, is not in consonance with the
spirit, intendment and purpose of the directions of the Supreme Court.
3. Consequently, by way of the present writ petition in public
interest, the writ petitioner has sought the following prayers:
"(a) Issue an appropriate writ, order or
direction quashing the impugned resolution
no.F.12/04/2011/AR/1630-1789/C dated 27th
February, 2012 issued by Respondent No. 2 (with
the prior approval of Respondent No. 1);
(b) Issue an appropriate writ, order or
direction, calling upon the Respondent No. 2 to
establish new PCAs at the State and Range levels in
the NCT of Delhi, and in compliance with the
directive of the Hon'ble Supreme Court in the
Prakash Singh case ;
(c) Issue an appropriate writ, order or
direction calling upon the Respondent No. 1 and 2
to provide complete and adequate infrastructure and
resources to the newly-established PCAs, in
accordance with the directive of the Hon'ble
Supreme Court in the Prakash Singh case"
4. During the pendency of the writ petition, it appears that the
matter has been considered by the respondents. In this regard, a
notification no. F.No.28/1/2017/HP-I/Estt./part file-6350641 dated
29th January, 2018 has been issued by the Lieutenant Governor of
Delhi constituting the "Police Complaint Authority of National
Capital Territory of Delhi". It would appear that the grievance of the
petitioners thus stands addressed by the respondents. The copy of the
notification is taken on record.
5. Appearing for the petitioner, Ms. Rebecca M. John, learned
Senior Counsel has submitted that the petitioner has long years of
experience in the field and has put together a document captioned
"Analysis and Recommendations to the Draft Notification On
Constitution of Police Complaints Authorities". Copy thereof has
been handed over to Mr. Gaurav Sarin, learned counsel who is
appearing for the respondent no.3 herein as well as to Mr. Gautam
Narayan, learned Standing Counsel for the respondent no.2. It shall be
open for these respondents to examine this document, and if deemed
necessary and appropriate, incorporate any recommendations made
therein in the working of the Police Complaint Authority.
6. In view thereof, no further orders are called for in this writ
petition which shall stand disposed of.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
FEBRUARY 06, 2018/kr
