Bombay High Court urges swift action to fill Police Complaints Authority vacancies

Bombay High Court directive

The Bombay High Court has issued a directive to the Maharashtra government, urging immediate action to fill all vacancies in the State Police Complaints Authority (SPCA) and the Divisional Police Complaints Authorities (DPCA). The court emphasized the need for appointing officials to these bodies to ensure their effective functioning.

This decision comes in response to a petition filed by activist Medha Patkar, who referred to a Supreme Court order mandating the establishment of SPCA and DPCA bodies in all states. Patkar's plea, represented by advocates Yashodeep Deshmukh and Vinod Sangvikar, revealed that an RTI application in December 2021 had disclosed that the SPCA faced challenges in functioning fully due to insufficient funds and manpower.

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Vacancies hamper complaint resolution

The Bombay High Court bench, led by Chief Justice DK Upadhyaya and Justice Arif S Doctor, noted that there were numerous complaints and grievances from the public concerning police authorities. However, there was no established body to address these concerns. It was undisputed that vacancies existed in the SPCA and DPCA, rendering them incapable of fulfilling their Supreme Court-mandated functions.

The bench further highlighted that the existence of these vacancies pointed to a lack of public awareness about the roles and functions of these Authorities. Consequently, the court instructed the state government to promptly provide the necessary infrastructure to support their operations.

Additionally, the court directed the state to address salary disparities between the Chairperson and members of the SPCA within three months. The state has been asked to submit an affidavit detailing all actions taken by September 29, and the case has been scheduled for a hearing on November 1.

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