The establishment of a Police Complaints Authority is essential for ensuring police accountability and protecting constitutional rights, as mandated by the Supreme Court.

JUDGMENT :

1. Today, the matter is listed in ‘To be mentioned’ category.

2. Vide judgment dated 02.08.2024, the primary contentions of the learned counsel for the petitioner vis-a-vis the issue in delay/non- consideration of the plea(s) of granting protection to unmarried couples/married couples or any other persons was finally disposed of, considering the accountability of police authorities in the directions encapsulated in the dictum of Prakash Singh and & Ors. Vs. Union of India and ors. reported in 2006 (8) SCC 1, it was directed that the same be followed in terms of constitution of Police complaints Authority. The relevant categorical directions passed in the judgment dated 02.08.2024 are reproduced herein below:

“30.5.2 Where the applicant(s) is/are aggrieved of the decision/inaction of the respective Superintendent of Police qua the representation as specified in paragraph 30.5.1, the applicant(s) may file the appropriate complaint before the appropriate level of the Police Complaints Authority mechanism, as constituted in pursuance of the directions of the Hon’ble Supreme Court in the judgment in Prakash Singh (supra). Through such a complaint, the applicant(s) may implead by name the respective Nodal Officer(s) and/or Superintendent of Police who failed to discharge their constitutional and statutory obligations as a police officer, by not considering and disposing of the representation filed by the applicant(s) in accordance with the directions of this Court, and/or by colluding with other social actors or groups in the violation of the applicant(s)’ constitutional rights. Where the respective Police Complaints Authority concludes that the allegations levelled against the respective Nodal Officer(s) and/or the respective Superintendent of Police stand proved, it shall issue the appropriate binding recommendations to ensure that the appropriate criminal and/or civil proceedings are instituted against the respective officer(s) in accordance with law. In this regard, this Court directs the State Government to take the requisite steps for the appointment and constitution of the ‘Police Complaints Authority’ at the state and district levels in the state of Rajasthan, in compliance with the directions of the Hon’ble Supreme Court in the judgment in Prakash Singh (Supra), such that the ‘Police Complaints Authorities’ at the state and district levels commence their functioning within one month of the date of this judgment. In case the State Government fails to ensure compliance with this direction within the stipulated timeline, this Court would be compelled to exercise its jurisdiction under Article 226 of the Constitution to ensure that both levels of the ‘Police Complaints Authority’ are appointed and constituted through the directions of this Court. Such directions would ensure that the directions issued by the Hon’ble Supreme Court in Prakash Singh (supra) are effectuated in the state of Rajasthan, after the inexplicable prolonged delay of 18 years on part of the State Government in implementing the said directions.

30.6 Where the applicant(s) is/are aggrieved of the decision(s) of the respective Police Complaints Authority in pursuance of the complaint as specified in paragraph 30.5.2, or where the proceedings before the respective Police Complaints Authority are not concluded within a reasonable period of time, the applicant(s) shall be at liberty to invoke this Court’s jurisdiction under Article 226 of the Constitution of India, for compelling reasons and in accordance with law. While invoking this Court’s jurisdiction under Article 226, the applicant(s) shall include due pleadings and a footnote in the petition disclosing the details which indicate that the alternative efficacious remedies have already been availed through filing the appropriate representations/ complaints before the respective Nodal Officer(s), Superintendent of Police, and the appropriate level of the Police Complaints Authority in accordance with pa