The Madras High Court has made it clear that a police complaints authority set up on the orders of the Supreme Court cannot act as alternative to courts and issue directions such as registering an FIR or transfer of investigation.
Justice Anand Venkatesh clarified on the powers of the authority while disposing of a petition of S Ramesh of Puducherry seeking a direction to the DGP of the union territory to comply with the orders of the authority.
It had directed the DGP to order a fresh investigation into a land-grabbing complaint from the petitioner by deputing an inspector of police.
The judge said, "The power to give a direction to register an FIR or to transfer an investigation or to complete the investigation within a particular period or to alter the offence or to direct further investigation or to file a further report is within the jurisdiction of competent court as prescribed under the Criminal Procedure Code."
The power can never be exercised by the police complaints authority since by exercising such a power, it exceeds its authority and jurisdiction and starts acting like an alternative court of law.
The apex court had categorically said the state-level complaints authority would take cognisance of only allegations of serious misconduct by the police personnel and recommend for taking departmental or criminal action against the accused police officer.
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