A division bench of the Madras High Court comprising Justice R Subbiah and Justice Krishnan Ramasamy has sought the response of the State government within two weeks on a plea moved by Makkal Needhi Maiam (MNM) seeking to declare certain provisions of Tamil Nadu Police Reforms Act (TNPRA), 2013, as unconstitutional for not being in conformity with the orders passed by the Supreme Court.
Chennai: The plea moved by AG Maurya, a former senior police officer and is now MNM general secretary, submitted that while the SC had directed the appointment of a retired High Court judge as chairman and those drawn from civil society as members of the State Police Complaints Authority (SPCA) to ensure impartiality, the government contravened the guidelines by designating the Home Secretary as chairperson, and the DGP and ADGP (law and order) as members, defeating the very object of the authority being an independent one.
While the SC had sought for impartial third party inquiry into alleged misconducts, the TNPRA mandates police officers to inquire, the plea added. Also, the SC had ruled that the recommendations made by the State and District Level Complaints Authority were binding on the government, but the TNPRA has held that they were mere recommendatory in nature.
The District Police Complaints Authority has District Collector at its helm though SC guidelines said a retired district court judge should head it, the plea added.
While the SC had sought for impartial third party inquiry into alleged misconducts, the TNPRA mandates police officers to inquire, the plea added. Also, the SC had ruled that the recommendations made by the State and District Level Complaints Authority were binding on the government, but the TNPRA has held that they were mere recommendatory in nature.
The District Police Complaints Authority has District Collector at its helm though SC guidelines said a retired district court judge should head it, the plea added.