A division bench of Justice Akil Kureshi and Justice J B Pardiwala asked the Gujarat government to file its reply within three weeks on a petitioner's allegation that Gujarat had overruled the Supreme Court's direction in establishing a Police Complaints Authority.
A citizen of Ahmedabad, Dashrath Marwadi had filed the PIL and sought the Gujarat High Court's direction to the state of Gujarat to set up a Police Complaints Authority after a Supreme Court order.
In its order, the Supreme Court had categorically directed appointment of a retired Supreme Court judge or a high court judge as chairperson of the Police Complaints Authority at the state level and a retired sessions court judge at the district level, the PIL said.
However, in August 2013, Gujarat government created provisions according to which a former chief secratary could be made the chairperson of Gujarat-level Police Complaints Authority, the PIL said.
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