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Police Complaint Authority: Haryana to narrow down definition of serious misconduct by cops
Varun Chaudhary, who was a member of select committee headed by deputy speaker Ranbir Gangwa, in his dissenting note said Haryana Police (Amendment) Bill, 2022, tabled in the assembly on August 10 last, is limiting State Police Complaints Authorities purview and defeating the very purpose of setting it up.
A select committee of the Haryana assembly which examined the Haryana Police (Amendment) Bill, 2022, in light of objections by lawmakers has decided not to press for the restoration of provisions which would have lend more teeth to the State Police Complaints Authority (SPCA).
Congress MLA Varun Chaudhary on whose objection the amendment Bill was in 2022 referred to a select committee of the state assembly has given a dissenting note with regards to the watered-down provisions of the authority. He has demanded that the Haryana Police (Amendment) Bill, 2022, be taken back to ensure police accountability in public interest. The report of the select committee was tabled in the assembly during the budget session.
Varun Chaudhary, who was a member of the select committee headed by deputy speaker Ranbir Gangwa, in his dissenting note said that the Haryana Police (Amendment) Bill, 2022, tabled in the assembly on August 10 last, is limiting the SPCAs purview and defeating the very purpose of setting it up.
‘Inquiry by SPCA into narrowed-down provisions will make it ineffective’
Narrowing down the definition of serious misconduct will make the State Police Complaints Authority ineffective, the Congress MLA said. Chaudhary said that removing attempt to rape from the definition of serious misconduct by a police officer, allowing inquiries only if rape or grievous hurt is caused in police custody and not otherwise, removing a clause which said that inaction by police official (in IPC offences attracting minimum punishment of 10 years or more) is a serious misconduct and will make the SPCA and district police complaints authority ineffective in most of the matters, which are under their purview. Regarding the restoration of provision of SPCA suo motu inquiring into allegations of serious misconduct against police personnel of the rank of deputy superintendent of police and above, the Congress MLA wrote in his note that as per the data provided not a single matter has been taken up by the SPCA exercising its suo motu powers.
‘Watered-down provisions against the spirit of SC judgment’
Speaking to HT, Chaudhary said that the government is going against the spirit of landmark Supreme Court judgment pertaining to police reforms (Prakash Singh and others v/s Union of India). “The state and district police complaint authority as per the Supreme Court judgment was to be set up to ensure police accountability. The intention of the apex court was to strengthen the complaint redressal mechanism,’’ he said.
The first-time legislator said that it was observed that there is an inherent bias when cops investigate matters against police officials and that’s why an independent authority was created. “The watered-down provisions in this amendment Bill are against the spirit of SC judgment,’’ he said.
Chaudhary also said that the District Police Complaint Authority has not been set up as per Section 68 of the Haryana Police Act, 2007. “By a September 24, 2021, order, the inquiries which were to be conducted by the District Police Complaint Authority as were transferred to State Police Complaint Authority. This order is void ab initio, as an amendment or ordinance is the only means to provide for any change, provided in the Act,’’ he said.
