Tamil Nadu government today told the Madras High Court that there was no need for setting up a Police Complaints Authority headed by a retired judge to deal with complaints against erring police officials as the existing infrastructure was enough to inquire such allegations.
The Principal Secretary of Home Department, in his counter to a PIL, submitted that if a person died or a woman was raped in police custody, the case was immediately referred to Judicial Magistrate Enquiry under Section 176(1A) of CrPC.
"Given the fact that judicial and non-partisan enquiry is already in practice to enquire into such serious allegations, there is no need for Police Complaints Authority headed by a retired Judge for this purpose," the counter said.
It said the existing infrastructure of state police Complaints Authority and District Police Complaints Authorities enshrined in the Police Reforms Act passed in 2013 by the assembly was enough to enquire into complaints of grave allegations.
Advocate Saravanan Dakshinamurthy submitted that policing is a state subject and states must enact their own police acts but that most have chosen to adopt the 1861 Act.
He contended that this Act had led to countless abuses by police officials and alleged that despite passage of several years, no legislation to effect police reforms were passed by state governments on the Supreme Court Order of Sept 22, 2006.
