Uttarakhand State Police Complaints Authority - Commonwealth ...

Trend of Disposal of ComplaintsSeveral complaints have been dismissed by the authority for numerous reasons. Only two cases havebeen dismissed at the first stage itself before even a preliminary inquiry was conducted. In thesecomplaints, the Authority found the allegations to be baseless and fabricated. We have not been able todetermine how such a conclusion was arrived at without even a preliminary inquiry.Twenty-seven cases were dismissed after further inquiry by the Authority. This was after failing to findsubstantial ground within the complaint to proceed with the inquiry.Five of the cases were dismissed because the complainant stopped attending the Authority hearings orproceedings.It is understandable that the Authority cannot proceed in a matter unless the complainant attends thehearings. However, if the Authority finds this to be a repeated pattern they must ask themselves if it isbecause of the inaccessibility of the Authority, since it only has one office in Dehradun and it is expensiveand difficult for complainants in the districts to travel to the city.There may be other reasons for this trend. It may be due to intimidation, threat or complainantsbeing brought off by the police. Here the Authority has an important role to ascertain and ensurethat the complainant is not threatened into a compromise by the police. If this trend persists it willsoon lead to complainants losing faith in the Authority. Though it may be premature at this stage,the Authority could, for the future, think of witness protection programmes or victim assistanceschemes to be introduced within the working of the Authority. However for the moment though it isnot within its mandate, the Authority should try making inquiries as to why complainants or witnesseshave stopped attending hearings. If any foul play comes to their attention it should be immediatelyreported to the DGP for strict action to be taken against the errant officers. Further, the DGPshould also keep in mind that his prime responsibility is to ensure that his officers are disciplinedand not involved in criminality.In only one case has the Authority settled the dispute between the parties to the complaint. Amicabledispute resolution where the Authority has acted as a mediator is always a welcome initiative. Settlementis a way of dealing with a complaint by solving, explaining, clearing up or settling the matter directlywith the complainant. It can be a proportionate, timely and effective manner of resolving manycomplaints. It can be a simple and flexible way for people to tell the police what happened and findout why it happened. The complainant’s acceptance of the outcome should be the objective of anyresolution process.However, the Authority must always keep in mind that a complaint is only suitable for settlement in thefirst instance if the conduct which is being complained about (if it were proved) would not justify bringingany criminal or disciplinary proceedings against the officer.30 COMPLAINTS AUTHORITY