The above captioned writ petitions are materially connected in respect of orders passed by the Chairperson or Members of the Kerala State Police Complaints Authority constituted in accordance with section 110 of the Kerala Police Act, 2011, except W.P.(C) Nos.11988/2015, 34078/2017 and 6040/2018. However, I am of the considered opinion that, the said three writ petitions can also be disposed of along with the other writ petitions. Therefore, I heard them together and propose to pass a common judgement. Individual reference to the facts of each writ petitions is not required, since the basic question raised in the writ petitions is, the power of the Chairperson or the Members to pass orders on complaints filed by aggrieved persons.

2. The Kerala State Police Complaints Authority is constituted by the State Government for examining and enquiring;

(i) complaints on all types of misconduct against Police officers and above the rank of Superintendent of Police.

(ii) grave complaints against officers of other ranks in respect of sexual harassment of women in custody or causing death of any person or inflicting grievous hurt on any person or rape, etc.

3. The State Authority shall consist of the following members, namely :-

(i) a retire Judge of a High Court who shall be the Chairperson of the Authority.

(ii) an officer not below the rank of Principal Secretary to Government.

(iii) an officer not below the rank of Additional Director General of Police.

(iv) a person as may be fixed by the Government, in consultation with the Leader of Opposition, from the three member panel of retired suitable officers not below the rank of Inspector General of Police furnished by the Chairman of the State Human Rights Commission; and

(v) a person as may be fixed by the Government, in consultation with the Leader of Opposition, from a three member panel of retired suitable District Judges furnished by the State Lok Ayuktha.

4. As per sub-section (3) of section 110, the Government is vested with powers to constitute the Police Complaints Authority at District level for examining and enquiring the complaints against the Police Officers of and up to the said rank of Deputy Superintendent of Police, which shall be consisted of;

(i) a retired District Judge, who shall be the Chairperson.

(ii) the District Collector; and

(iii) the District Superintendent of Police

The proviso thereto enables the Government to appoint Chairperson of one District Authority to be appointed as the Chairperson of more than one District Authorities.

5. The formidable contention advanced by the petitioners in the writ petitions is that, the Chairperson or the Members of the State Authority or the District Authority cannot function independently and the authority constituted as per the provisions of section 110 of the Act will have to perform their functions in unison. Admittedly in the captioned writ petitions, except three writ petitions referred above, Chairperson/Members of the State Police Complaints Authority have passed orders individually either dismissing the complaints or finding guilt against the erring Police Officers recommending disciplinary enquiry and payment of compensation. In some of the cases, evidences were taken from the witnesses of the complainants as well as the respondents. In some of the cases, petitioners have a case that, no opportunity was provided by the Chairperson or the Members for cross-examining and hearing. Consequent to passage of such orders in some of the cases, the Government have conducted enquiries and also paid compensation. Now the question emerges for consideration is, whether the orders passed by the Chairperson or the Members independent of the Authority constituted under Section 110 can be sustained under law or not ?

6. Heard learned counsel for petitioners, learned Senior Government Pleader as well as other counsel appearing for the respondents and perused the pleadings and documents on record.

7. In most of the cases, counter affidavits