Jammu and Kashmir government will set up a State Police Complaints Authority to inquire into misconduct accusations against police personnel in the state.
"The government shall within six months of the coming into force of this Act (J&K Police Act), establish a State Police Complaints
Authority (SPCA) to examine and inquire into complaints of misconduct against police personnel," according to the draft J&K Police Bill, 2013.
Under the Act, District Police Complaints Authorities would also be set up under the monitoring of the SPCA.
The body would inquire into allegations of misconduct against police personnel on complaints received from victims, or any person on his or her behalf on sworn affidavit.
SPCA would also probe the complaints received from National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC), besides District Police Complaint Authorities, the draft Bill stated.
The authority would deal with the complaints of human rights violations, custodial killings and other grave crimes committed by the police, the draft Bill said.
J&K Police Bill, 2013 is likely to be tabled in the forthcoming Budget session of assembly starting from February 28.
SPCA would be headed by a retired judge of high court who will be chairperson of authority and appointed by the state government in consultation with chief justice of J&K high court.
The Authority in matter of conducting inquiries would have all the powers of civil court trying a suit under code of Civil Procedure 1977, it said.
The commission will have powers of summoning and enforcing the attendance of persons and requiring the discovery and production of any document, receiving evidence on affidavit and any other matter as may be prescribed.
It would submit a report annually to the state government which will be tabled in Assembly session.
Other members should be a retired officer not below the rank of principal secretary to government, a retired police officer not below the rank of additional DGP and two persons from panel of five members with minimum of 20 years experience of Judicial officer, public prosecutor, praticising lawyer, profession of law and one member should be a woman.
The government has also invited suggestions and comments from general public, social organisations, NGOs, academicians and other stakeholders with regard to the draft Bill.
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