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Writ for “Police Complaint Authority” in UP

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  • Amitabh Thakur
    Writ for “Police Complaint Authority” in UP I have filed a Writ Petition in the Hon ble Allahabad High Court, Lucknow bench for formation of “Police
    Message 1 of 6 , Oct 10, 2013
      Writ for “Police Complaint Authority” in UP

      I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

      As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
      Union of India had directed through its order dated 22 September 2006
      that all the States shall form independent State and district level
      “Police Complaint Authorities”, separate from the control of Police
      Department and the State government. There is no such authority in UP.

      Hence the petition prays for immediate formation of such an independent
      "Police Complaint Authority" at State and district levels.

      Amitabh Thakur
      Lucknow
      # 094155-34526

      Copy of Writ Petition--

      http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

      Relevant portion of Hon'ble Supreme Court order---

      Prakash
      Singh & Ors vs Union Of India And Ors on 22 September, 2006
      Author:
      S . Y.K.
      Bench:
      Y Sabharwal, C Thakker, P Balasubramanyan
      CASE NO.:
      Writ Petition (civil) 310 of 1996
      (2006)8SCC1
      14. With the assistance of
      learned Counsel for the parties, we have perused the various reports. In
      discharge of our constitutional duties and obligations having regard to the
      aforenoted position, we issue the following directions to the Central
      Government, State Governments and Union Territories for compliance till framing
      of the appropriate legislations:
      Police Complaints Authority:
      (6) There shall be a Police
      Complaints Authority at the district level to look into complaints against
      police officers of and up to the rank of Deputy Superintendent of Police.
      Similarly, there should be another Police Complaints Authority at the State
      level to look into complaints against officers of the rank of Superintendent of
      Police and above. The district level Authority may be headed by a retired
      District Judge while the State level Authority may be headed by a retired Judge
      of the High Court/Supreme Court. The head of the State level Complaints Authority
      shall be chosen by the State Government out of a panel of names proposed by the
      Chief Justice; the head of the district level Complaints Authority may also be
      chosen out of a panel of names proposed by the Chief Justice or a Judge of the
      High Court nominated by him. These Authorities may be assisted by three to five
      members depending upon the volume of complaints in different States/districts,
      and they shall be selected by the State Government from a panel prepared by the
      State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
      panel may include members from amongst retired civil servants, police officers
      or officers from any other department, or from the civil society. They would
      work whole time for the Authority and would have to be suitably remunerated for
      the services rendered by them. The Authority may also need the services of
      regular staff to conduct field inquiries. For this purpose, they may utilize
      the services of retired investigators from the CID, Intelligence, Vigilance or
      any other organization. The State level Complaints Authority would take
      cognizance of only allegations of serious misconduct by the police personnel,
      which would include incidents involving death, grievous hurt or rape in police
      custody. The district level Complaints Authority would, apart from above cases,
      may also inquire into allegations of extortion, land/house grabbing or any
      incident involving serious abuse of authority. The recommendations of the
      Complaints Authority, both at the district and State levels, for any action,
      departmental or criminal, against a delinquent police officer shall be binding
      on the concerned authority. National Security Commission:
    • Ari
      PCAs are failed mechanism based on the principle of Centralized system and misleading.Before we may seek it, better will be to analyse the performance of the
      Message 2 of 6 , Oct 10, 2013
        PCAs are failed mechanism based on the principle of Centralized system and misleading.Before we may seek it, better will be to analyse the performance of the ones already existing in different sates.


        On 10 October 2013 17:54, Amitabh Thakur <amitabhth@...> wrote:
         

        Writ for “Police Complaint Authority” in UP

        I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

        As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
        Union of India had directed through its order dated 22 September 2006
        that all the States shall form independent State and district level
        “Police Complaint Authorities”, separate from the control of Police
        Department and the State government. There is no such authority in UP.

        Hence the petition prays for immediate formation of such an independent
        "Police Complaint Authority" at State and district levels.

        Amitabh Thakur
        Lucknow
        # 094155-34526

        Copy of Writ Petition--

        http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

        Relevant portion of Hon'ble Supreme Court order---

        Prakash
        Singh & Ors vs Union Of India And Ors on 22 September, 2006
        Author:
        S . Y.K.
        Bench:
        Y Sabharwal, C Thakker, P Balasubramanyan
        CASE NO.:
        Writ Petition (civil) 310 of 1996
        (2006)8SCC1
        14. With the assistance of
        learned Counsel for the parties, we have perused the various reports. In
        discharge of our constitutional duties and obligations having regard to the
        aforenoted position, we issue the following directions to the Central
        Government, State Governments and Union Territories for compliance till framing
        of the appropriate legislations:
        Police Complaints Authority:
        (6) There shall be a Police
        Complaints Authority at the district level to look into complaints against
        police officers of and up to the rank of Deputy Superintendent of Police.
        Similarly, there should be another Police Complaints Authority at the State
        level to look into complaints against officers of the rank of Superintendent of
        Police and above. The district level Authority may be headed by a retired
        District Judge while the State level Authority may be headed by a retired Judge
        of the High Court/Supreme Court. The head of the State level Complaints Authority
        shall be chosen by the State Government out of a panel of names proposed by the
        Chief Justice; the head of the district level Complaints Authority may also be
        chosen out of a panel of names proposed by the Chief Justice or a Judge of the
        High Court nominated by him. These Authorities may be assisted by three to five
        members depending upon the volume of complaints in different States/districts,
        and they shall be selected by the State Government from a panel prepared by the
        State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
        panel may include members from amongst retired civil servants, police officers
        or officers from any other department, or from the civil society. They would
        work whole time for the Authority and would have to be suitably remunerated for
        the services rendered by them. The Authority may also need the services of
        regular staff to conduct field inquiries. For this purpose, they may utilize
        the services of retired investigators from the CID, Intelligence, Vigilance or
        any other organization. The State level Complaints Authority would take
        cognizance of only allegations of serious misconduct by the police personnel,
        which would include incidents involving death, grievous hurt or rape in police
        custody. The district level Complaints Authority would, apart from above cases,
        may also inquire into allegations of extortion, land/house grabbing or any
        incident involving serious abuse of authority. The recommendations of the
        Complaints Authority, both at the district and State levels, for any action,
        departmental or criminal, against a delinquent police officer shall be binding
        on the concerned authority. National Security Commission:




        --
        Aridaman Jit singh
        http://www.nishanjustice.org/
        http://call100.blogspot.com/
        -----------------------
        "Highest office, in a democrcay is not that of the President or Prime Minsiter, but patriotic citizen"- Team Nishan
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      • Shamsul Islam
        I must congratulate Mr. Amitabh for this very fundamental initiative. It is police Raj in UP. The college of University of Delhi where I teach when on
        Message 3 of 6 , Oct 11, 2013
          I must congratulate Mr. Amitabh for this very fundamental initiative. It is police Raj in UP. The college of University of Delhi where I teach when on complaints of teachers, students and karamcharis action was initiated against a rogue teacher who happens to be an ex BSP minister, the latter got 5 FIRs registered against 5 teachers/employees of the college in a NOIDA PS for a theft of pendrive. All of them have to run to Allahabad HC for bails. This ex-minister has friendship with samajvaadi Party leaders and fake cases are to be seen and believed.
          I wish all the best and will do the needful for this intervention.
          S. Islam


          On Thu, Oct 10, 2013 at 5:54 PM, Amitabh Thakur <amitabhth@...> wrote:
           

          Writ for “Police Complaint Authority” in UP

          I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

          As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
          Union of India had directed through its order dated 22 September 2006
          that all the States shall form independent State and district level
          “Police Complaint Authorities”, separate from the control of Police
          Department and the State government. There is no such authority in UP.

          Hence the petition prays for immediate formation of such an independent
          "Police Complaint Authority" at State and district levels.

          Amitabh Thakur
          Lucknow
          # 094155-34526

          Copy of Writ Petition--

          http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

          Relevant portion of Hon'ble Supreme Court order---

          Prakash
          Singh & Ors vs Union Of India And Ors on 22 September, 2006
          Author:
          S . Y.K.
          Bench:
          Y Sabharwal, C Thakker, P Balasubramanyan
          CASE NO.:
          Writ Petition (civil) 310 of 1996
          (2006)8SCC1
          14. With the assistance of
          learned Counsel for the parties, we have perused the various reports. In
          discharge of our constitutional duties and obligations having regard to the
          aforenoted position, we issue the following directions to the Central
          Government, State Governments and Union Territories for compliance till framing
          of the appropriate legislations:
          Police Complaints Authority:
          (6) There shall be a Police
          Complaints Authority at the district level to look into complaints against
          police officers of and up to the rank of Deputy Superintendent of Police.
          Similarly, there should be another Police Complaints Authority at the State
          level to look into complaints against officers of the rank of Superintendent of
          Police and above. The district level Authority may be headed by a retired
          District Judge while the State level Authority may be headed by a retired Judge
          of the High Court/Supreme Court. The head of the State level Complaints Authority
          shall be chosen by the State Government out of a panel of names proposed by the
          Chief Justice; the head of the district level Complaints Authority may also be
          chosen out of a panel of names proposed by the Chief Justice or a Judge of the
          High Court nominated by him. These Authorities may be assisted by three to five
          members depending upon the volume of complaints in different States/districts,
          and they shall be selected by the State Government from a panel prepared by the
          State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
          panel may include members from amongst retired civil servants, police officers
          or officers from any other department, or from the civil society. They would
          work whole time for the Authority and would have to be suitably remunerated for
          the services rendered by them. The Authority may also need the services of
          regular staff to conduct field inquiries. For this purpose, they may utilize
          the services of retired investigators from the CID, Intelligence, Vigilance or
          any other organization. The State level Complaints Authority would take
          cognizance of only allegations of serious misconduct by the police personnel,
          which would include incidents involving death, grievous hurt or rape in police
          custody. The district level Complaints Authority would, apart from above cases,
          may also inquire into allegations of extortion, land/house grabbing or any
          incident involving serious abuse of authority. The recommendations of the
          Complaints Authority, both at the district and State levels, for any action,
          departmental or criminal, against a delinquent police officer shall be binding
          on the concerned authority. National Security Commission:


        • Amitabh Thakur
          thanks a lot sir, i completely agree On Saturday, October 12, 2013 9:43 AM, Shamsul Islam wrote: I must congratulate Mr. Amitabh for
          Message 4 of 6 , Oct 12, 2013
            thanks a lot sir, i completely agree


            On Saturday, October 12, 2013 9:43 AM, Shamsul Islam <notoinjustice@...> wrote:
            I must congratulate Mr. Amitabh for this very fundamental initiative. It is police Raj in UP. The college of University of Delhi where I teach when on complaints of teachers, students and karamcharis action was initiated against a rogue teacher who happens to be an ex BSP minister, the latter got 5 FIRs registered against 5 teachers/employees of the college in a NOIDA PS for a theft of pendrive. All of them have to run to Allahabad HC for bails. This ex-minister has friendship with samajvaadi Party leaders and fake cases are to be seen and believed.
            I wish all the best and will do the needful for this intervention.
            S. Islam


            On Thu, Oct 10, 2013 at 5:54 PM, Amitabh Thakur <amitabhth@...> wrote:
             
            Writ for “Police Complaint Authority” in UP

            I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

            As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
            Union of India had directed through its order dated 22 September 2006
            that all the States shall form independent State and district level
            “Police Complaint Authorities”, separate from the control of Police
            Department and the State government. There is no such authority in UP.

            Hence the petition prays for immediate formation of such an independent
            "Police Complaint Authority" at State and district levels.

            Amitabh Thakur
            Lucknow
            # 094155-34526

            Copy of Writ Petition--

            http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

            Relevant portion of Hon'ble Supreme Court order---

            Prakash
            Singh & Ors vs Union Of India And Ors on 22 September, 2006
            Author:
            S . Y.K.
            Bench:
            Y Sabharwal, C Thakker, P Balasubramanyan
            CASE NO.:
            Writ Petition (civil) 310 of 1996
            (2006)8SCC1
            14. With the assistance of
            learned Counsel for the parties, we have perused the various reports. In
            discharge of our constitutional duties and obligations having regard to the
            aforenoted position, we issue the following directions to the Central
            Government, State Governments and Union Territories for compliance till framing
            of the appropriate legislations:
            Police Complaints Authority:
            (6) There shall be a Police
            Complaints Authority at the district level to look into complaints against
            police officers of and up to the rank of Deputy Superintendent of Police.
            Similarly, there should be another Police Complaints Authority at the State
            level to look into complaints against officers of the rank of Superintendent of
            Police and above. The district level Authority may be headed by a retired
            District Judge while the State level Authority may be headed by a retired Judge
            of the High Court/Supreme Court. The head of the State level Complaints Authority
            shall be chosen by the State Government out of a panel of names proposed by the
            Chief Justice; the head of the district level Complaints Authority may also be
            chosen out of a panel of names proposed by the Chief Justice or a Judge of the
            High Court nominated by him. These Authorities may be assisted by three to five
            members depending upon the volume of complaints in different States/districts,
            and they shall be selected by the State Government from a panel prepared by the
            State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
            panel may include members from amongst retired civil servants, police officers
            or officers from any other department, or from the civil society. They would
            work whole time for the Authority and would have to be suitably remunerated for
            the services rendered by them. The Authority may also need the services of
            regular staff to conduct field inquiries. For this purpose, they may utilize
            the services of retired investigators from the CID, Intelligence, Vigilance or
            any other organization. The State level Complaints Authority would take
            cognizance of only allegations of serious misconduct by the police personnel,
            which would include incidents involving death, grievous hurt or rape in police
            custody. The district level Complaints Authority would, apart from above cases,
            may also inquire into allegations of extortion, land/house grabbing or any
            incident involving serious abuse of authority. The recommendations of the
            Complaints Authority, both at the district and State levels, for any action,
            departmental or criminal, against a delinquent police officer shall be binding
            on the concerned authority. National Security Commission:



          • Sukla Sen
            This is of course a very commendable and welcome step. How about the other states? Sukla ... -- Peace Is Doable This is of course a very commendable and
            Message 5 of 6 , Oct 13, 2013
              This is of course a very commendable and welcome step.

              How about the other states?

              Sukla


              On 12 October 2013 09:43, Shamsul Islam <notoinjustice@...> wrote:
               

              I must congratulate Mr. Amitabh for this very fundamental initiative. It is police Raj in UP. The college of University of Delhi where I teach when on complaints of teachers, students and karamcharis action was initiated against a rogue teacher who happens to be an ex BSP minister, the latter got 5 FIRs registered against 5 teachers/employees of the college in a NOIDA PS for a theft of pendrive. All of them have to run to Allahabad HC for bails. This ex-minister has friendship with samajvaadi Party leaders and fake cases are to be seen and believed.
              I wish all the best and will do the needful for this intervention.
              S. Islam


              On Thu, Oct 10, 2013 at 5:54 PM, Amitabh Thakur <amitabhth@...> wrote:
               

              Writ for “Police Complaint Authority” in UP

              I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

              As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
              Union of India had directed through its order dated 22 September 2006
              that all the States shall form independent State and district level
              “Police Complaint Authorities”, separate from the control of Police
              Department and the State government. There is no such authority in UP.

              Hence the petition prays for immediate formation of such an independent
              "Police Complaint Authority" at State and district levels.

              Amitabh Thakur
              Lucknow
              # 094155-34526

              Copy of Writ Petition--

              http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

              Relevant portion of Hon'ble Supreme Court order---

              Prakash
              Singh & Ors vs Union Of India And Ors on 22 September, 2006
              Author:
              S . Y.K.
              Bench:
              Y Sabharwal, C Thakker, P Balasubramanyan
              CASE NO.:
              Writ Petition (civil) 310 of 1996
              (2006)8SCC1
              14. With the assistance of
              learned Counsel for the parties, we have perused the various reports. In
              discharge of our constitutional duties and obligations having regard to the
              aforenoted position, we issue the following directions to the Central
              Government, State Governments and Union Territories for compliance till framing
              of the appropriate legislations:
              Police Complaints Authority:
              (6) There shall be a Police
              Complaints Authority at the district level to look into complaints against
              police officers of and up to the rank of Deputy Superintendent of Police.
              Similarly, there should be another Police Complaints Authority at the State
              level to look into complaints against officers of the rank of Superintendent of
              Police and above. The district level Authority may be headed by a retired
              District Judge while the State level Authority may be headed by a retired Judge
              of the High Court/Supreme Court. The head of the State level Complaints Authority
              shall be chosen by the State Government out of a panel of names proposed by the
              Chief Justice; the head of the district level Complaints Authority may also be
              chosen out of a panel of names proposed by the Chief Justice or a Judge of the
              High Court nominated by him. These Authorities may be assisted by three to five
              members depending upon the volume of complaints in different States/districts,
              and they shall be selected by the State Government from a panel prepared by the
              State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
              panel may include members from amongst retired civil servants, police officers
              or officers from any other department, or from the civil society. They would
              work whole time for the Authority and would have to be suitably remunerated for
              the services rendered by them. The Authority may also need the services of
              regular staff to conduct field inquiries. For this purpose, they may utilize
              the services of retired investigators from the CID, Intelligence, Vigilance or
              any other organization. The State level Complaints Authority would take
              cognizance of only allegations of serious misconduct by the police personnel,
              which would include incidents involving death, grievous hurt or rape in police
              custody. The district level Complaints Authority would, apart from above cases,
              may also inquire into allegations of extortion, land/house grabbing or any
              incident involving serious abuse of authority. The recommendations of the
              Complaints Authority, both at the district and State levels, for any action,
              departmental or criminal, against a delinquent police officer shall be binding
              on the concerned authority. National Security Commission:





              --
              Peace Is Doable
            • Ashok Chowdhury
              Dear Amitav Thakur, This is surely a great effort. It would definitely help the marginalized to register their complains against the atrocities by the upper
              Message 6 of 6 , Oct 13, 2013
                Dear Amitav Thakur,
                This is surely a great effort. It would definitely help the marginalized to register their complains against the atrocities by the upper caste powerful lobbies . 


                On Sat, Oct 12, 2013 at 9:43 AM, Shamsul Islam <notoinjustice@...> wrote:
                 

                I must congratulate Mr. Amitabh for this very fundamental initiative. It is police Raj in UP. The college of University of Delhi where I teach when on complaints of teachers, students and karamcharis action was initiated against a rogue teacher who happens to be an ex BSP minister, the latter got 5 FIRs registered against 5 teachers/employees of the college in a NOIDA PS for a theft of pendrive. All of them have to run to Allahabad HC for bails. This ex-minister has friendship with samajvaadi Party leaders and fake cases are to be seen and believed.
                I wish all the best and will do the needful for this intervention.
                S. Islam


                On Thu, Oct 10, 2013 at 5:54 PM, Amitabh Thakur <amitabhth@...> wrote:
                 

                Writ for “Police Complaint Authority” in UP

                I have filed a Writ Petition in the Hon'ble Allahabad High Court, Lucknow bench for formation of “Police Complaint Authority” in UP.

                As per the petition, the Hon'ble Supreme Court in Sri Prakash Singh vs
                Union of India had directed through its order dated 22 September 2006
                that all the States shall form independent State and district level
                “Police Complaint Authorities”, separate from the control of Police
                Department and the State government. There is no such authority in UP.

                Hence the petition prays for immediate formation of such an independent
                "Police Complaint Authority" at State and district levels.

                Amitabh Thakur
                Lucknow
                # 094155-34526

                Copy of Writ Petition--

                http://amitabhandnutan.blogspot.in/2013/10/copy-of-writ-petition-for-police.html

                Relevant portion of Hon'ble Supreme Court order---

                Prakash
                Singh & Ors vs Union Of India And Ors on 22 September, 2006
                Author:
                S . Y.K.
                Bench:
                Y Sabharwal, C Thakker, P Balasubramanyan
                CASE NO.:
                Writ Petition (civil) 310 of 1996
                (2006)8SCC1
                14. With the assistance of
                learned Counsel for the parties, we have perused the various reports. In
                discharge of our constitutional duties and obligations having regard to the
                aforenoted position, we issue the following directions to the Central
                Government, State Governments and Union Territories for compliance till framing
                of the appropriate legislations:
                Police Complaints Authority:
                (6) There shall be a Police
                Complaints Authority at the district level to look into complaints against
                police officers of and up to the rank of Deputy Superintendent of Police.
                Similarly, there should be another Police Complaints Authority at the State
                level to look into complaints against officers of the rank of Superintendent of
                Police and above. The district level Authority may be headed by a retired
                District Judge while the State level Authority may be headed by a retired Judge
                of the High Court/Supreme Court. The head of the State level Complaints Authority
                shall be chosen by the State Government out of a panel of names proposed by the
                Chief Justice; the head of the district level Complaints Authority may also be
                chosen out of a panel of names proposed by the Chief Justice or a Judge of the
                High Court nominated by him. These Authorities may be assisted by three to five
                members depending upon the volume of complaints in different States/districts,
                and they shall be selected by the State Government from a panel prepared by the
                State Human Rights Commission/Lok Ayukta/State Public Service Commission. The
                panel may include members from amongst retired civil servants, police officers
                or officers from any other department, or from the civil society. They would
                work whole time for the Authority and would have to be suitably remunerated for
                the services rendered by them. The Authority may also need the services of
                regular staff to conduct field inquiries. For this purpose, they may utilize
                the services of retired investigators from the CID, Intelligence, Vigilance or
                any other organization. The State level Complaints Authority would take
                cognizance of only allegations of serious misconduct by the police personnel,
                which would include incidents involving death, grievous hurt or rape in police
                custody. The district level Complaints Authority would, apart from above cases,
                may also inquire into allegations of extortion, land/house grabbing or any
                incident involving serious abuse of authority. The recommendations of the
                Complaints Authority, both at the district and State levels, for any action,
                departmental or criminal, against a delinquent police officer shall be binding
                on the concerned authority. National Security Commission:





                --

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                11, Mangal Nagar
                Saharanpur - 247001
                Uttar Pradesh, India
                Mobile: 09412231206, 09868857733

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