CHENNAI: The Police Complaints Authority (PCA), constituted by Supreme Court, cannot function as an alternative to courts. The State-level Authority shall only take cognisance of allegations of serious misconduct by police personnel and recommend departmental and/or criminal action against the delinquent officers, the Madras High Court has ruled.
Justice N Anand Venkatesh gave the ruling on Tuesday while disposing of a writ petition from one S Ramesh of Puducherry praying for a directive to the Director-General of Police to comply with the orders of the Police Complaints Authority dated May 22 on his land-grabbing complaint, within a time frame. The Authority had directed local police to register a case, but it was closed after a probe. Hence, the present petition.
The judge said the scope of PCA cannot be taken to such a level, wherein the authority starts functioning as an alternative to courts. That is not the purpose for which PCA was constituted by Supreme Court. This recommendation is binding on the authority concerned.
The PCA can act only within the four corners of the authority vested in it. The power to give a direction to register an FIR or to transfer investigation or complete the same within a particular period or alter the offence or direct further investigation or file a further report are within the jurisdiction of the competent court, as prescribed under Code of Criminal Procedure. These powers can never be exercised by PCA since by exercising such a power, it exceeds its authority and jurisdiction and starts acting like an alternate court of law. If this goes unchecked, there is a possibility where there can be a clash between the directives given by the court and the Authority. The judge disposed of the petition with a directive to the petitioner to work out his remedy as per law.