A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar was also informed that the Lieutenant Governor (LG) has constituted the authority on the Centre’s direction.
Senior advocate Sidharth Luthra, appearing for the LG and the Delhi police, said the Police Complaint Authority (PCA) will be headed by a Chairman with three members, including a woman.
“One of the three members must be a woman. The Chairman will be either a retired high court judge, a person of repute and stature from civil society, a retired civil servant or a retired police officer,” the senior counsel said.
Central government standing counsel Anurag Ahluwalia said a notification in this regard was issued on January 29, which also explains the appointment, removal and terms and condition of the appointment.
He said the order also deliberates upon the role and functions and the powers of the PCA.
As per the notification, the authority 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 authorities were responding to a PIL filed by the Commonwealth Human Rights Initiative, which took exception to the Delhi government’s decision taken on February 27, 2012, designating the Public Grievances Commission here as a PCA for the National Capital Territory.
The petition had sought quashing of the decision.
The notification stated that the PCA may not entertain those cases which are under consideration of any court or the NHRC or any other statutory body.
“Cases of complaints regarding the Delhi police will be looked into by PCA and not by Public Grievances Commission.
Accordingly, the cases relating to Delhi Police pending with Public Grievances Commission shall be transferred to PCA,” the government notification states.
The court noted that the issue raised in the petition was satisfied, so it should be disposed of.
The petitioner, however, sought time to examine the order and file his stand on next date of hearing on February 6.