The court upheld the authority of the Chairperson in deciding complaints individually per the Kerala Police (Amendment) Act, 2018.

JUDGMENT

Petitioner challenges the order dated 11.10.2019 in IA No.1 of 2019 in OP No.268/2016 on the files of the State Police Complaints Authority, Thiruvananthapuram. As per the impugned order, the preliminary objection raised by the petitioner regarding maintainability of the complaint has been rejected.

2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

3. The impugned order only states that there is a prima facie case made out by the complainant, which requires consideration. Whether the allegations in the complaint are proved or not is a matter that has to be considered at the time of final disposal of the complaint.

4. As far as the contention regarding the authority of the Chairperson and members to act individually is concerned, by virtue of the Kerala Police (Amendment) Act , 2018, published in the official Gazette dated 20.12.2018, the Chairperson of the State Police Complaints Authority or any member authorised by him is entitled to take a decision on the applications filed before him. Hence, the contention that the Chairperson had passed the impugned decision individually has no legs to stand.

Having regard to the above circumstances, I find no merit in this writ petition, and accordingly, this writ petition is dismissed.

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