Police Complaint Authority: MHA nod to UT to file petition against SC order

A written communication,allowing the request,received by the UT Administration Wednesday states that the MHA does not have a problem if the UT Administration wants to “agitate” against the supreme court orders if the Chandigarh Police is facing “difficulty” in complying with PCA orders by filing a review petition in the apex court.

When asked the reason for the sanction from the ministry,one of the officers said,“Since PCA was constituted on the directions of MHA,we had to seek permission to challenge PCA’s authority”.

Earlier this month,the UT Home Department had submitted a report to MHA regarding orders passed by PCA.

UT Home Secretary,Anil Kumar,said that PCA is a recommendatory body and recommending an action is what is expected of them.

He said,“We have been following the PCA orders since the beginning. Off late,PCA had started to pressurise the home department and the Chandigarh Police to comply with their orders.”

Kumar had also confirmed that the UT Home Department had submitted a report to MHA in which the orders by the PCA have been mentioned,which are not of recommendatory nature.

“We had submitted a report after we had received directions from MHA to do so,” Kumar said.

Sources in the police department confirmed that 35 cases were cited in the report submitted to MHA. In all these 35 cases,the orders were such that the police department was reluctant to take an action. It was also confirmed that the UT SSP and the staff handling the PCA orders had visited MHA explaining each and every case in order to get this sanction to file a petition in supreme court.

“PCA gives orders like: censure an official,to suspend someone,asking police to get possession of some property. We cannot comply with such orders unless we follow a standard procedure of conducting a department probe into the matter. For all the orders,a departmental probe is necessary only after which the UT Police and the home department can take any action,” said the Home Secretary.

Last year,the Punjab and Haryana High Court,while referring to the Apex Court judgment,had ordered that PCA be given powers to direct and that it cannot be reduced to a recommending body.