The post of the Chief Investigation Officer (CIO) was sanctioned to investigate custodial violence in 2016, but no progress has been made.

Kerala police personnel conducting a check during the COVID-19 pandemicImage for representation: PTI
news Law Tuesday, February 09, 2021 - 14:29

Despite three government notifications being published for the recruitment of a Chief Investigation Officer (CIO) of the State Police Complaints Authority (SPCA) in Kerala, the CIO has not been recruited so far, pointing to bureaucratic rigmarole and lack of clarity from the state Home Department in conducting recruitment to a position notified as far back in 2016. Among the three published notifications, the second and third notifications were published when the first and second notifications were prevailing, pointing to a disarray in the Home Department.

The latest notification for the post of the CIO was notified as a result of a government notification published on December 16, 2017 with different qualifications and designations for the said post. The recruitment was delayed for the said position even after the former SPCA Chairman wrote to the government at least on two occasions. In a letter written to the state Home Department on December 31, 2015, then SPCA Chairman Justice K Narayana Kurup said that, “The authority has been functioning all these years without an agency or individual to investigate the allegations of misconduct against the police. This has resulted in delay in disposal of cases.”

In another letter on February 3, 2016, Justice Kurup had written again to the state government to “create the post of CIO instead of an investigation team to inquire into allegations of misconduct against erring police officers at the earliest.” The state Home Department had issued its first order notifying the post on March 3, 2016 and second order notifying the post on May 18 the same year. The third order notifying the post was issued on April 25, 2017. 

As per the third notification, those officers who have worked in the rank of Superintendent of Police in agencies such as CBI, NIA and have not served in Kerala police are eligible for appointment. In total contradiction, according to the second notification on May 18, 2016, the CIO was to be of the rank of Superintendent of Police and according to the notification of March 3, 2016 the CIO was to be of the rank of a DySP.

According to the information accessed by this reporter, except for the third notification no publicity was given for the first two notifications. According to the notification, “wide publicity shall be given for the selection of the candidate. Notices inviting applications for the post of the CIO shall be given in at least two leading dailies.” This was violated with regard to the first two notifications. Documents in the possession of this reporter points towards these lapses.

Responding to the discrepancies in the issuing of the notifications, Additional Chief Secretary, Home, TK Jose said that he was unable to say why a third notification had been issued when two notifications were already existing. “Our priority is to complete the selection procedures of the CIO speedily,” he told this reporter.

As per the notifications, the post of the CIO was sanctioned to investigate custodial violence including all types of physical and mental torture inflicted upon a person in police custody by a police personnel. The job involves obtaining facts or statements from complainants, witnesses and accused persons, recording interviews and drafting investigation plans for early identification of issues by assessing the scope and determining the methodology and techniques required to carry out a thorough and effective investigation. The job also involves liasoning with officers in the police department in connection with the investigation of all complaints.

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