Speed Up Process To Appoint Chief Investigating Officer At Police Complaint Authority: Kerala High Court To State Amid Surge In Custodial Violence Cases

The Kerala High Court recently directed the State to speed up the reconstitution of the selection committee and finalise the selection to the post of Chief Investigating Officer at the State Police Complaints Authority (SPCA). A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly ruled so after considering the increasing number of custodial violence cases reported in the State. This development ensued in a plea praying for urgent orders from this court including directions to the Government to take urgent actions for appointing a duly qualified non-police independent investigation expert as Chief Investigation Officer (CIO) at the SPCA.The petitioner is an Advisory committee member of RAF (Road Accident Forum) for the State, and also a Human rights protection activist. He had approached the Court aggrieved by the failure to appoint a CIO at the SPCA.The petitioner invited the Court's attention to the several Government notifications published for the recruitment of a CIO of the State Police Complaints Authority. However, it was pointed out that the same has not been implemented in an effective manner since 2016.The petitioner had emphasised that the main aim of authorities like the SPCA was to inform the public that the 'doors of justice' are not fully denied to them, although a number of grave human rights violations were reported against some police officials. A police officer is supposed to discharge his functions and duties in accordance with the law existing in the country and with utmost care and responsibility. Highlighting this aspect, the Chairman of SPCA addressed a letter to the Additional Chief Secretary of Home and Vigilance and urged that the appointment of a private investigating officer was of great significance. Subsequently, the State gave due consideration to this proposal and issued a fresh Government order with an additional clause that, "officers who have worked in the rank of Superintendent of Police in the Central Investigation Agencies like CBI or NIA and not served in Kerala Police are eligible for appointment".to complete the process of appointment of independent Chief Investigating Officer to assist the State Police Complaint Authority, in accordance with the notification inviting applications from candidates to be appointed as the Chief Investigating Officer dated 17th April 2017 and the proceedings initiated thereunder, during the pendency of this writ petition.Senior Government Pleader V. Manu submitted that after reconstitution of the selection committee, the process for the appointment will continue The Court upon hearing the submissions from both sides observed that several prisoners had fallen prey to custodial death in the State over time. The Bench further noted that the dependents of such victims were still wondering for justice. "Investigation is an art that needs to be studied scientifically and since the matter is criminology, it is a criminologist who has to deal with a criminal investigation. Since the issuance of the very first Government order with regard to the appointment of the Chief Investigation Officer as State Police Complaint Authority, the State had witnessed a number of incidents for the brutality and misconduct of the police officials." The Court went on to recall several heartbreaking instances of custodial torture and deaths reported across the State in the last few years.Considering that the process was nearing completion, the respondents were directed to speed up the reconstitution of the selection committee and finalise the selection to the post of Chief Investigating Officer by the end of the month. Case Title: Jaffer Khan v. State of Kerala & Ors.Click Here to Read/Download the Order

Speed Up Process To Appoint Chief Investigating Officer At Police Complaint Authority: Kerala High Court To State Amid Surge In Custodial Violence Cases

Hannah M Varghese

"The dependents of persons who were subjected to custodial death by the police officials in an inhuman and brutal manner are still wandering for justice," the Court remarked.

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