CHENNAI: The Madras High Court on Friday directed the state government to file a detailed report on the plea challenging the legality of certain sections in the Tamil Nadu police reforms act of 2013, which are not in adherence with the orders passed by the Supreme Court.
A division bench comprising justices R Subbiah and Krishnan Ramasamy issued the notice to the state on the plea filed by AG Maurya, a retired IPS officer and General Secretary, Organization (North & East) of Makkal Neethi Maiam.
According to the petitioner, the recent incidents of custodial deaths highlight the need for institutional measures to curb further incidents of this nature.
The petition sought to curb the increase in cases of police excess and to take a proactive stance in addressing the issue.
As per the Supreme Court orders, only a retired High Court judge chosen by the state government should be appointed as the chairman of the Tamil Nadu Police Complaints Authority in order to ensure impartiality.
The authority will hear complaints against conduct of police personnel and officers.
However, the Act passed by the Tamil Nadu government enables the presence of police officers in huge numbers as members of the board and this defeats the very purpose of setting up of such an authority, the petitioner argued.
The petitioner said that the action team set up here and its members do not conform to the guidelines given by the SC.
He added in his petition that an impartial third party group should inquire into complaints on the gross misconduct by police personnel or officers. However, the state act of 2013 violates it as it is only police officers who probe their colleagues.
Most of the sections in the Tamil Nadu police reforms act 2013 grossly violates the Supreme Court directions. The entire act strips all powers of the Police Complaints Authority, said the petitioner.
The court recording the submissions directed the state to file a detailed report and adjourned the plea by two weeks.