Click the Play button to listen to article

A public interest litigation has been moved before the Kerala High Court raising concerns regarding the effective functioning of the State Police Complaints Authority (SPCA), an independent body constituted as per the Kerala Police Act, 2011 to consider complaints against police officers

The PIL also highlights the issue of non-appointment of an independent Chief Investigating Officer (CIO) despite earlier directions in Jaffer Khan v. State of Kerala & Ors [2022 LiveLaw (Ker) 266], where a Division Bench had directed the State Government to finalise the appointment of an independent CIO in the Authority within 60 days from April 2022.

According to the PIL, this direction has not been complied with yet even though some steps towards this were taken in this regard and government orders issued relating to the same. It is stated that there is a continuing cause of action following the judgment since there is a “continuing public-law wrong” due to non-fulfilment of a government obligation under Section 110(6) of the KP Act to establish and provide necessary facilities for a properly functioning SPCA.

The plea makes a case that the State should design the CIO mechanism for appointing an institutionally independent, qualified professional, who should have expertise in criminal investigation, criminology, human rights, forensic and scientific investigation, legal investigation, intelligence and information analysis, etc. Moreover, the term of the appointee and remuneration should also be considered in the light of the professional responsibility involved, it is stated.

“No doubt that such authorities remains as the final hope of the general common public who are subjected to cruelty and brutality of the police officials under the head of discharging public duty. The efficient and effective functioning of the authorities such as SPCA will be porters rest for the common man who are having severe grievances against the police officials who tries to act in an undemocratic and inhuman way,” states the plea.

The PIL thus prays for a direction to the respondents, including the State Home Affairs department to take steps for establishing a permanent or institutionally secure post or mechanism for CIO instead of indefinite extension of short-term, contractual appointment. Among other reliefs sought, it is prayed that the mechanism be independent from the regular police hierarchy, subject to the Constitution, the KP Act and other laws.

Additionally, several interim reliefs are also sought, including a direction to disclose the present status of the CIO mechanism, the remuneration, tenure, qualification, etc. and, to produce the details regarding creation, recruitment and proposed appointment from 2021.

The petition is moved by Advocates Praveen.K. Joy, T.A. Joy, M.P. Unnikrishnan, N. Abhilash, Archana Vinod, Abisha E.R, Lakshmi K.S., Albin Varghese, Fathima Shalu S., Megha G., Althaf Ameer, Abhijith V. Prasad, Joffin Joseph and Anand P.S.

Case No: WP(PIL) 180/2026

Case Title: Jaffer Khan v. State of Kerala and Ors.

Tags: