AAP MLA's PIL against police complaint authority, HC seeks Centre stand

The Delhi High Court today sought response of the Centre on AAP MLA Sanjeev Jha's plea against the LG's decision to form a police complaints authority (PCA) to look into allegations of serious misconduct against erring policemen in the national capital.

A bench of justices S Ravindra Bhat and A K Chawla issued notice to the Centre and the Delhi government seeking their stand on the PIL which has contended that the Lieutenant Governor constituted the PCA without consulting the AAP government.

Referring to the recent Supreme Court judgement on the administrative powers of the LG and the elected government of Delhi, the petitioner has said that according to the verdict, the LG was bound by the aid and advice of the council of ministers.

Jha, the MLA from the Burari constituency of Delhi, has contended that the LG took the decision to constitute the PCA on his own without consulting the council of ministers.

He has sought quashing of the Home Department's advertisement calling for applications for the post of members of PCA and the subsequent January 29, 2018 notification constituting the authority.

The court listed the matter for further hearing on October 12.

According to the notification on setting up the PCA, it shall enquire into allegations of serious misconduct against police personnel, either on its own or on a complaint received from a victim, National Human Rights Commission (NHRC), LG, chief secretary or principal secretary (Home) of the Delhi government.

The PCA of National Capital Territory of Delhi would be headed by a chairperson and would have three members, one of whom would be a woman.

While the chairperson would be a retired high court judge, the other members have to be "a person of repute and stature from civil society; a retired civil servant of minimum scale of secretary to government of Delhi with experience in public administration; and a retired police officer of minimum scale of joint commissioner/inspector general of police or corresponding rank", the notification had said.