The recent appointment of a retired IPS officer as Chairperson of the Haryana State Police Complaints Authority has stirred a legal and administrative debate, with concerns raised over the violation of Supreme Court guidelines issued in the landmark Prakash Singh vs. Union of India (2006) judgment on police reforms.
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In an official order issued on Friday, Dr. Sumita Mishra, Home Secretary of Haryana, announced the appointment of Mr. R.C. Mishra, a 1989-batch retired IPS officer, as the Chairperson of the State-Level Police Complaints Authority, and Mr. Lalit Siwach, a 2014-batch retired IAS officer, as a member.
Violation of Supreme Court Directives?
Legal experts argue that the appointment contradicts the Supreme Court’s directive, which mandates that the Chairperson of the State Police Complaints Authority must be a retired judge of the High Court or Supreme Court. The directive, stemming from the Prakash Singh judgment of September 2006, is considered the cornerstone of police reform in India.
“The law is clear. A retired High Court or Supreme Court judge must head the State Police Complaints Authority. Retired IAS and IPS officers can only be appointed as members, not as the chairperson,” said Mr. Hemant Kumar, advocate at the Punjab and Haryana High Court.
Previous Legal Precedents
The issue is not new. In August 2015, the Punjab and Haryana High Court had quashed the appointment of Mr. Pradeep Mehra, a 1975-batch retired IAS officer, as Chairperson of the Chandigarh UT Police Complaints Authority, citing the same Supreme Court guidelines.
Following that, the administration appointed retired High Court Justice Mahavir Singh Chauhan in 2017 and more recently Justice Kuldeep Singh in December 2023 to ensure compliance.
Pattern of Non-Compliance in Haryana
This is not the first instance of Haryana appointing retired civil servants instead of judges to the post of Chairperson:
- In April 2021, Ms. Navraj Sandhu, a retired IAS officer, was appointed as Chairperson.
- In February 2019, Mr. Ram Niwas, another retired IAS officer, was appointed to the same post.
- The 2010 authority also saw Mr. H.S. Rana, retired IAS, appointed as Chairperson.
Legal observers point out that this continued deviation from the Supreme Court’s directions undermines the credibility and independence of the complaint redressal mechanism.
Advocate: Appointment Legally Challengeable
Mr. Hemant Kumar has stated that the latest appointment of Mr. R.C. Mishra could be legally challenged in the High Court, as it clearly violates the framework set by the Supreme Court.
“If the state wishes to follow the law in spirit, a panel of retired judges must be sought from the Chief Justice of the High Court. Only a retired judge can serve as chairperson, while IAS and IPS officers may serve as members,” he added.
What the Law Prescribes
As per the Supreme Court ruling, the structure of the State Police Complaints Authority should include:
- A retired judge of the High Court or Supreme Court as Chairperson.
- Up to two other members, one of whom must be a woman.
- At the district level, the Chairperson must be a retired district judge.
Government Yet to Respond
As of now, the Haryana Government has not issued any clarification on the legal concerns raised. The appointments could potentially face judicial scrutiny if challenged by concerned parties or civil society groups in the High Court.
With growing emphasis on transparency and police accountability, adherence to judicial mandates becomes crucial to ensure public trust in oversight mechanisms. The coming weeks may determine whether Haryana stands by its decision or reconsiders in light of legal and constitutional obligations.
