Skip to main content

To plug human rights violations in Jammu & Kashmir, set up district-level and state-level police complaint authorities

Counterview Desk
Advocate Syed Mujtaba Hussian’s letter to the Governor and the Chief Minister of Jammu & Kashmir, urging them to constitute police complaint authorities at district and state levels, as directed by the Supreme Court, and as established in various states:
You are already, I believe, aware of the facts of the matter, which are in public domain, about the cases regarding acts of serious misconduct by policemen/officers of Jammu & Kashmir (J&K) Police, such as death in police custody, grievous hurt caused by police, rape or attempt to rape, illegal detention, extortion, land/house grabbing or any serious abuse of authority.
Referring to this, the honourable Supreme Court has directed different states to establish police complaints authorities, saying:
“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 Complaints 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 recommendations 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.”
Looking forward to a response to this letter and immediate action as requested.
---
*Director, for World Aid Organisation For Human Rights for J&K

Comments

Dipika bhati said…
Well said
Sajad Amin said…
Need of the hour .Govt must do it.

TRENDING

Banned? Indian ports 'received' 38 US plastic waste containers reexported from Indonesia

By Rajiv Shah
An Indonesia-based international environmental watchdog group has dug out what it has called “a global pollution shell game”, stating how officials in Indonesia approved re-exports of “illegal” US waste shipments containing plastics mainly to India, as also to other Asian countries -- Thailand, South Korea and Vietnam -- instead of returning them to the US “as promised.”

Gujarat refusal to observe Maulana Azad's birthday as Education Day 'discriminatory'

By Our Representative
The Gujarat government decision not to celebrate the National Education Day on !monday has gone controversial. Civil society organizations have particularly wondered whether the state government is shying away from the occasion, especially against the backdrop of "deteriorating" level of education in Gujarat.

Cops' 'inability' to deliver justice? Model Gujarat ranks 12th among 18 major states

By Rajiv Shah
A Tata Trusts study, released in Delhi on Thursday, has ranked “model” Gujarat 12th out of 18 major states it has analysed across India to “assess” the police's capacity to deliver justice. Several of the advanced states such as Tamil Nadu, Karnataka, Punjab, Haryana, Maharashtra, Andhra Pradesh and Telangana as well as some of the so-called Bimaru states such as Odisha, Jharkhand and Chhattisgarh are found to have ranked better than Gujarat.

People's pressure? GPCB mining cancellation 'notice' to top cement unit in Gujarat

By Sagar Rabari*
Environmental Clearance (EC) was given to Ultratech Cement Co Ltd for limestone mining in villages Talli and Bambhor of Talaja taluka in Bhavnagar district of Gujarat on January 5, 2017. EC was issued ignoring, overriding and undermining opposition from local farmers to mining activity in the area. The mining in these two villages covers an area of 193.3268 hectares (ha), while the entire project is spread over an area of 1,715.1311 ha.

Bullet train acquisition: Land holding worth Rs 1.5 crore, Gujarat govt 'offer' Rs 8 lakh

By RK Misra*
Foundation stones laid by Prime Minister Narendra Modi litter India’s cities, towns and villages, but there are few projects which he has pursued with such perseverance and tenacity as the Ahmedabad-Mumbai bullet train one. However, the overwhelming state power notwithstanding, the farmers, whose lands are being acquired for the Modi government’s dream project, have no plans to give up the fight.

NHRC notice to Gujarat chief secretary following silicosis deaths in Rajkot

By Our Representative
The National Human Rights Commission (NHRC) has asked the Gujarat chief secretary and the district magistrate, Rajkot, to respond to a complaint filed by health rights activist Jagdish Patel of the People's Training and Research Centre (PTRC), Vadodara, regarding the alleged death of Raju Prakash Parihar and two others reportedly because of silicosis, a fatal occupation disease, in Rajkot, one of Gujarat’s top cities.

Concern in UK over BJP supporters, Hindu charity 'interfering' in general elections

By Our Representative
Following apprehensions of “foreign interference” in Canadian elections, which took place last month, from several countries, including India, a similar a concern is now reported with regard to the next month’s United Kingdom general elections. The concern has particularly come from Labour Party candidates, who are citing campaign by “India-linked Hindu nationalist group” targeting Labour candidates.