The Hon’ble Supreme Court of India in their Judgment in Prakash Singh & Ors, first read above, among others, issued a direction to constitute a State Security Commission in every State to ensure that the State Government does not exercise unwarranted influence or pressure on the State Police and for laying down the broad policy guidelines so that the State Police always acts according to the laws of the land and the Constitution of the Country, till
framing of appropriate legislation.
In pursuance thereof, Government have constituted the State Security Commission vide orders issued . The Hon’ble Supreme Court in its order dated 6-5-2013 observed that the composition of the State Security Commission so constituted and the functions ordered therein, are not confirming to the direction of Hon’ble Supreme Court in Prakash Singh’s case.
Government after careful examination of the matter and keeping in view the directions/orders of the Hon’ble Supreme Court, and in modification of the orders issued in GO , hereby order that the constitution of the State Security Commission shall be with the following composition.
1. Home Minister (Ex-officio Chairperson)
2. Leader of Opposition
3. Chief Secretary to Government
4. Director General of Police (Ex-officio Secretary)
5. Five independent members to be nominated by the Government.
The State Security Commission constituted in para 3 above, shall discharge functions that shall include laying down broad policies and giving directions for the performance of the preventive tasks and service oriented functions of the police, evaluation of the performance of the State Police and preparing a report on evaluation of the performance of the police to be placed before the State Legislature.
The Commission shall meet and make recommendations on issues touching upon the functions to be discharged. The recommendations of the Commission are binding on the Government.
Orders on the terms and conditions of appointment of independent members and allowance payable to them shall be issued separately.
The State Security Commission shall meet at least once in six months and follow such rules with regard to its meeting, quorum and transaction of business as may be decided by the Commission. The above orders shall be in force till framing of appropriate legislation.
Government after careful examination of the direction of the Hon’ble Supreme Court of India, hereby by order for constitution of State and the District level Police Complaints Authorities with the following composition:
a) A State Police Complaints Authority shall consist of one retired High Court / Supreme Court Judge who shall act as Chairman of the Authority and he will be assisted by three other members.
b) District Police Complaints Authority shall consist of one retired District Judge who shall act as Chairman of the District Police Complaints Authority and he will be assisted by three other members.
The Authorities constituted in para 2 above, shall discharge the following functions:
a) State level Complaints Authority shall look into the complaints made against the officers of the rank of Superintendent of Police and above and shall take into cognizance of only allegations of serious misconduct by the police personnel, which would include incidents involving death, grievous hurt or rape in police custody.
b) The District Police Complaints Authority would apart from the above cases, shall also inquire into allegations of extortion, land / house grabbing or any incident involving serious abuse of authority, in respect of Police Officers of and up to the rank of Deputy Superintendent of Police in the district.
The Chairman of the State Police Complaints Authority shall be selected by the State Government from a panel of (3) names of retired Judges of High Court / Supreme Court proposed by the Chief Justice of High Court of Andhra Pradesh.
The Chairman of the District Police Complaints Authority shall be selected by the State Government from a panel of (3) names of retired District Judges proposed by the Chief Justice or a Judge of High Court of Andhra Pradesh nominated by the Chief Justice.
The Members of the State Police Complaints Authority & District Police Complaints Authorities shall be selected by the State Government from the panel of names proposed by Andhra Pradesh State HRC/Andhra Pradesh Lokayukta/Andhra Pradesh Public Service Commission. The members to be included in the panel shall be chosen from amongst retired civil servants, police officers, officers of any other department or from civil society.
The Chairman & members of the above authorities shall be treated as full time members and separate orders shall be issued fixing the terms and conditions of appointment and remuneration.
The Authorities can engage the services of retired investigators from the CID, Intelligence, Vigilance or any other organization on temporary / regular basis depending upon the volume of work for field inquiries.
The State & District level Police Complaint Authorities shall make specific recommendations for any action, departmental or criminal, after due enquiry with justification on the allegations leveled against the delinquent police officers to the concerned statutory/ competent authority. Such recommendations shall be binding on the concerned authority subject to the provisions of law. The above orders shall be in force till enactment of law by State Legislature.
G.O.Ms.No. 189 G.O.Ms.No. 191 Dated: 8th August, 2013
1. Judgment of the Hon’ble Supreme Court of India, dated 22.09.2006 in
WP (Civil) No.310/96 reported in (2006) 8 SCC.