Indian Express: Chandigarh: Wednesday,
September 26, 2018.
Deciding an appeal filed by The Indian
Express regarding non-furnishing of information by the Haryana Police
Complaints Authority under the RTI Act, Haryana’s Information Commission has
expressed shock over the authority lying “dysfunctional” for the past four
years.
“The Commission was shocked to observe
that all the posts in such an important authority in the name of police
complaints authority, which is a statutory body constituted under Haryana
Police Act, 2007, are lying vacant for such a long time for four years,” said
State Information Commissioner Hemant Atri in a recent order. The Indian
Express had moved the Commission when the authority failed to furnish
information regarding the complaints received by it and subsequent action on
them.
Now, the Commission has ordered that the
“Chief Secretary Haryana should start the ball rolling as far as appointment of
chairman and members and all other officers/ officials in the state police
complaints authority with the approval of the competent authority within a
reasonably time framework i.e. not more than 90 days from the receipt of this
order”.
The government has also been directed to
submit the compliance report regarding steps taken within 100 days. The
Commission has asked the government to furnish relevant information to the
appellant as and when the authority starts functioning.
In its detailed order, the Commission
observed that the Police Complaints Authority set up in October 2010 was
empowered to probe serious allegations against the policemen in various heinous
crimes and serious injuries in police custody. “The Police Complaints Authority
is also supposed to deal with the complaints of all those persons who have
grievances related to violation of human rights and misconduct against the
police officers. The weaker sections of the society could come to the Authority
for redressal of their grievances in a democratic setup. Unfortunately, it is
clear that the Police Complaints Authority of Haryana state has turned into
dysfunctional body for the last four years as the Government has not appointed
any chairman and any member during their period,” said Atri in the order.
In response to The Indian Express RTI
application filed on April 16, 2018, the Authority had expressed its inability
to provide information mentioning that currently all posts of the public
information officers were vacant.
During the hearing of the case on
September 10, a constable Krishanpal appeared before the Commission and
informed the information commissioner that he is “the only employee posted
there (at the authority) on temporary duty… from Kurukshetra police”.
Hearing the constable, the information
commissioner said, “The constable appearing for the authority admitted that he
is the only person who is responsible for receiving all the complaints and
other correspondences running into 100s every month but cannot do anything
except for putting a receipt number on all such communications and complaints.”
“It is terribly a sorry state of affairs,
wherein such an important authority like police complaint authority with such a
huge mandate is lying dysfunctional/ non-operational for the last four years.
It is against the basic spirit of good governance and accountable
administration which mandates timely redressal of grievances. Dysfunctionality
in such an important authority for such a long duration is a case of
administrative apathy and the same could not be taken lightly. The issue needs
to be addressed at the earliest by the powers that be and it is important that
the authority, start functioning without any further delay,” Atri observed in
the order.
The commission is, the order further
mentioned, “constrained to observe that the competent authority responsible for
appointment of chairman/ members and all other officers/ officials in the
police complaints authority has miserably failed in its duty to ensure good
governance and providing a grievances redressal mechanism against the alleged
police atrocities and complaints received on daily basis. The same needs to
addressed immediately”.
.JPG)
.JPG)
