Chandigarh: The Haryana government has appointed retired IAS officer Sumedha Kataria (2005 batch) as a member of the State Police Complaints Authority for a three-year term. The appointment order, signed by Additional Chief Secretary (Home) Dr. Sumita Mishra, was issued on September 17.
This appointment fills a crucial gap after concerns were raised about the absence of a woman member in the Authority, a statutory requirement under Section 59(2)(c) of the Haryana Police Act, 2007.
Previous Appointments and Legal Representation
Earlier, on August 8, retired IPS officer Dr. R.C. Mishra (1989 batch) was appointed Chairperson of the Authority, and retired IAS officer Lalit Siwach (2014 batch) was named as another member. Both assumed charge on August 11.
The move to appoint a woman member followed a representation by Hemant Kumar, a Punjab and Haryana High Court advocate and administrative law expert. In his letter dated August 28, Kumar highlighted the statutory mandate requiring the Authority to include at least one woman member and pointed out the legal breach due to the previous absence of any female representative.
Legal Concerns Over Terminology in Appointment Orders
Hemant Kumar also raised a separate issue regarding the wording of the appointment notifications. He argued that under the Police Act, the notification should mention the “Chief Minister” as the appointing authority, but recent orders cited the “Governor” instead. He stressed the need for strict adherence to legal terminology consistent with the parent legislation to maintain the validity of the appointments.
Context: Gender Representation in Police Complaints Authorities
Historically, in April 2021, the Haryana Police Complaints Authority was chaired by Navraj Sandhu, a retired IPS officer and a woman, with two retired male members. During that time, the legal requirement for an additional woman member did not apply since the Chairperson herself was female.
Similarly, the UT Chandigarh Police Complaints Authority, reconstituted in December 2024, included retired Justice Kuldeep Singh as Chairperson and two other members, retired IAS officer Dhira Khandelwal and retired IPS officer Amarjot Singh Gill – fulfilling the gender representation mandate.
Challenge to Dr. R.C. Mishra’s Appointment as Chairperson
Meanwhile, Dr. R.C. Mishra’s appointment as Chairperson has already been contested in the High Court. Petitioners refer to the Supreme Court’s landmark 2006 judgment in Prakash Singh vs Union of India, which directs that such state-level Police Complaints Authorities must be chaired by a retired High Court or Supreme Court judge, selected from a panel recommended by the Chief Justice of the High Court.
The ongoing legal dispute reflects broader challenges in implementing statutory provisions and Supreme Court directives in police oversight bodies.
Looking Ahead: Legal and Administrative Implications
The controversy surrounding appointments to the Haryana State Police Complaints Authority is expected to intensify as legal debates continue over compliance with statutory provisions, gender representation, and Supreme Court judgments.
The government’s recent appointment of Sumedha Kataria is a significant step toward meeting gender representation norms. However, the legal challenges pending before the courts highlight the complexities involved in reforming police oversight mechanisms in Haryana.
