D.S. Bains is no longer Chairman of Punjab State police complaints authority-Government withdraws his appointment:- Chd-May 5th-* Pb Government issues notification revoking appointments of D.S. Bains, as Chairman, and Sube Singh, and B.R. Garg, as Members of the Police Complaints Authority, Punjab- **Pb Government also withdraws two other notifications dated March 4th, 2014, vide which rules for setting up the State level Police Complaints Authority, and the District level Police Complaints Authorities, were notified-*** HC comes down heavily against UT Chandigarh administration on the procedure adopted by it for appointment of Pardeep Mehra as Chairman of Chandigarh Police Complaints Authority:- Presumably as a strategic measure to frustrate the two PILs filed by Advocate Arora, the Punjab Government , during resumed hearing of those PILs filed by Advocate H.C. Arora, today produced a notification dated May 4th, 2014, issued by S.S. Channy, Principal Secretary, Home Affairs and Justice, in the name of Governor, Punjab, stating that it has withdrawn the 3 earlier notifications dated March 4th, 2014. It is pertinent to submit that one notification was issued by Punjab Government on March 4th, 2014,notifying rules etc. for setting up State Police Complaints Authority, Punjab, and vide second notification of same date, D.S. Bains, former Principal Secretary, Department of Home Affairs and Justice, was appointed as Chairman, and Sube Singh and B.R. Garg were appointed as Members of the said Authority. Vide 3rd notification, Punjab Government had notified rules for setting up the District Police Complaints Authorities in each district. Reacting sharply to the latest notification dated May 4th, Advocate Arora, petitioner appearing in person, submitted that this Notification amounts to commission of contempt of the High Court-He referred to the orders passed by the CJs Bench on September 18th, 2013, directing the States of Punjab and Haryana to set up district level Police Complaints Authorities within 3 months. He had filed a Contempt petition also against Punjab Chief Secretary and Home Secretary, as they did not set up such district level authorities within stipulated period. In that contempt petition, the Home Secretary, Punjab had filed an affidavit stating that such district level authorities shall be set up immediately after Parliamentary elections in Punjab are over. Now the Punjab Government has taken a volte face, by withdrawing the very notification, which was to be the basis/foundation for setting up such district level authorities. Likewise, the latest notifications on State Police Complaints Authorities were issued in a clandestine manner. The HC Bench comprising Justices Jasbir Singh and H.S. Sidhu expressed their total dissatisfaction over the conduct of Punjab Government in issuing latest notification, and directed it to file an affidavit in the Court explaining reasons for issuing this notification. The HC Bench also expressed its total dissatisfaction over the procedure adopted by Chandigarh administration in appointing Pardeep Mehra as Chairman of Chandigarh Police Complaints Authority. After going through an affidavit filed by Anil Kumar, IAS, Home Secretary, UT Chandigarh, the Bench observed in its orders dictated in open Court that UT Chandigarh administration had not asked for any names of retd. Judges from the Registrar of the High Court. Indicting the UT Administration in no uncertain words, the HC observed that UT Administration had contacted only two retired Judges, namely Justice Kuldeep Singh (retd. Supreme Court Judge) and Justice H.S. Sodhi (Retd. CJ of Allahabad High Court), who were not expected to accept the offer to become Chairman of Chandigarh Police Complaints Authority. This was designed at appointing a bureaucrat as such Chairman. Haryana Government prayed for more time for appointment of Chairman of Haryana State Police Complaints Authority, as it wanted to make the Haryana Police Complaints Authority as a Multi-member authority, for which it has to amend the law. The Bench, however, did not grant its request, and adjourned all the PILs to May 15th. For further hearing. (H.C.ARORA) ADVOCATE PETITIONER IN PERSON
Posted on: Mon, 05 May 2014 10:55:39 +0000
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