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There are 8 kinds of complaints which we can take up against cops, says PCA chairman
After a gap of almost 19 months, the Police Complaints Authority has started functioning. PCA chairman Justice (retd) M S Chauhan in conversation with The Indian Express discusses the challenges and purpose of the body

What kind of complaints against police personnel can be taken up by the PCA?
It is important for people to know what all complaints against police personnel can be taken up by the PCA. There are eight kinds of complaints which can be taken up against the police personnel. These include complaints pertaining to death in police custody, grievously hurt as defined under Section 320 of the Indian Penal Code, rape or attempt to commit rape by a police personnel, arrest or detention without due process of law, extortion, land grabbing, house grabbing and any incident involving serious abuse of authority. In the last one month we have held 17 sittings. There have been 79 complaints pending with the PCA since 2013 and 16 of them were totally unprocessed.
How many complaints received by the PCA against police personnel are genuine?
There are very few complaints which can be taken up by the PCA as most of the complaints are not genuine or don’t fall in our purview. We receive numerous types of complaints. Of the complaints which have been taken up by us, there was one complaint of illegal arrest. The complainant said he was not supposed to be arrested. When we contacted the police, they said a warrant was issued by state consumer disputes redressal commission. It later came to light that there was some dispute on identity of the person to be arrested.
The second complaint on which we have acted was by a Manimajra-based woman. She resides on the first floor. She complained to the police about some boys drinking on the staircase and not letting her pass. She alleged that the policeman who came after she complained was also drunk. We have sent a notice to the policeman and are yet to receive a response.
What is the nature of the complaints that you receive?
The complaints which people usually file before us are in cases in which they allege delay in action on a complaint by the police. The second most common complaint which we receive is that the police are intentionally not arresting the accused persons. There are several complains in which the people complain that FIR was not registered immediately or the police personnel did not hear my complaint properly. These are very subjective complaints and to prove the fault of the police personnel is not possible in such complaints.
For example, there is a complaint against a police personnel in which the complainant has alleged that the police did not arrest an accused, who had committed a serious offence, so that he can get time to seek bail. We issued a notice to the police and on the complaint, it went to arrest the person but he had got bail by that time. To establish that the police personnel had intentionally delayed arrest so that the accused got time to seek bail is not possible until we don’t have some cogent evidence.
What do you think needs to be changed in the police functioning?
In my opinion, the police force in India was basically raised before Independence and its main purpose was to suppress and punish the Indians. The ideology of police towards the common man needs to be changed. The police are there to protect the common man and people should have faith in it.
PCA remained closed for 18 months and has started functioning from April this year. Why did it remain closed for such a long duration?
PCA was constituted on the directions of the apex court and as per the directions, a retired judge should be appointed as chairman of the PCA. After Justice N K Aggarwal retired, Pradeep Mehra, former UT adviser, was appointed as the chairman. His appointment was challenged as a public interest litigation was filed and was quashed in August 2015. The post then remained vacant for 19 months and from April this year we have started working again.