Medha Patkar moves Bombay High Court highlighting non-functional Police Complaints Authority in Maharashtra

Activist Medha Patkar has filed a public interest litigation (PIL) petition before the Bombay High Court seeking directions to the Maharashtra government to urgently fill up the vacancies in the State Police Complaints Authority (SPCA) and to provide adequate and timely release of funds and necessary facilities including website for SPCA. .The PIL also sought directives to remove anomaly in the pay scale and allowance to chairperson and members of the SPCA and to provide state of the art infrastructure for its smooth functioning.The plea relied upon the Supreme Court judgement in the case of Prakash Singh v. Union Of India in which the top court had asked all the States to constitute SPCA and also Divisional Police Complaints Authority (DPCA)..Patkar in her plea filed through advocates Yashodeep Deshmukh and Vinod Sangvikar stated that an RTI application filed in December 2021 revealed that the SPCA is not fully functioning due to lack of funds and manpower.The petition pointed out that were are a lot of complaints/ grievances by the general public against the functioning of the police authorities, and there was no established authority to hear these problems.The petition claimed that at divisional level of States, there were only four functional DPCA and no new appointments were made to other DPCAs and rendering them non-functional. This deprived the citizens/ victims of valuable statutory right of access to justice incase of police atrocity, excesses or corruption. "This in turn has the effect of silencing the poor victims who may not muster resources and courage to approach SPCA at Mumbai being far away, inconvenient," the petition said. .Patkar informed the Court that the very first committee started its function in 2017 for a term of 3 years and its term ended in January 2020. The second committee was given charge from February 2020 and retired Justice Shrihari Davare was appointed as the chairperson of the committee As per available information he took charge sometime in March 2020. Out of the 25 posts, at present only the chairman and the member-secretary are filled in by regular appointment, the PIL highlighted. "The posts of the remaining members are yet to be filled by the government when about two years have passed from the Chairman assuming the charge," it was contended..It further stated that no housing accommodation is being provided to the chairperson and members, who are retired and not in active service. Another important aspect highlighted in the PIL was in relation to the web portal and publicity to the functions and powers of the SPCA.It is the duty of the State home department to give wide publicity to the SPCA and its functions and powers so that the common man is aware about such an authority, Patkar submitted.The home department should, therefore, direct all the police stations across Maharashtra to display in conspicuous manner the basic information about the SPCA, the petitioner prayed..The plea sought the following reliefs:Fill up all vacant posts at the SPCA in a time bound manner and more particularly the posts of members on priority basis;Fill up all the vacant posts at each of the 6 DPCA in a time bound mannerand more particularly the posts of Chairperson and Members on priority basis;Quash GR issued in September 2019 by the State prescribing lesser pay salary to the post of Chairperson of the SPCA with all consequential directions and extension of benefits;Direct state to give wide publicity and display in each and every police station in the State of the availability of the SPCA and DPCA for redressal of complaints against the Police officers;To make available adequate & timely funds, facilities including a websiteand necessary infrastructure in premises for the smooth functioning of the SPCA and DPCA.