Procedure Followed by the APSPCA
Complaints are received in Authority via-
Email or by post or in Digital formate on the website of the Authority or in person.
References are also received from the State Government/National Human Rights Commission (NHRC), or State Human Rights Commission (SHRC) or Lokayukat or any other public authoritys.
Every complaint so filled shall be supported by a self-attested declaration as provided in Annexure- A of the rules along with the required documents in support of the allegations/complaint as specified under rule 8(v) of the rules.
Supporting Documents required
A medical report or any certificate issued by a qualified doctor.
Photographas showing tha injuries or records at the of inquiry.
Audio or video recordings.
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Relevent extract of the dairy of the police station concerned.
Copy of the FIR, if any.
Copy of the memorendum of arrest.
Any othe Doucment conseder revelnt by complainant.
After receiving the complaint
It is scrutinized whether necessary documents have been attached by the complainant and whether it is falls under the purview of the SPCA as per existing provisions in force. If the complaint doesn’t fall under the purview of State Police Complaint Authority as per the provisions of law or necessary documents are not attached by the complainant., the matter is filled by the Authority
If the complaint meets the above criteria, SPCA seeks a report from the concerned SP of the District.
After receiving the reply from the concerned Superintendent of Police, the matter is put up before the Authority for its decision.
If Authority is satisfied with the status report of Superintendent of Police the Authority may take a final decision on the basis of the report itself.
If Authority is not satisfied with the status report of Superintendent of Police concerned, Complainant is called for personal hearing before the Authority.
After hearing the complainant, the complaint can either be disposed of or the Authority may summon the records and concerned Police officers/officials and witnesses. Regular inquiry can also be initiated by Authority through its own investigation wing.
Hearings are conducted in presence of the complainant and the officers/officials against whom the complaint has been filed.
After hearing all the parties and examination all records, witnesses, and enquiry reports of the investigation wing, if any, the Authority takes a final decision to either file the matter or make appropriate recommendations to the Government.
Complaints not ordinarily entertainable:
The Authority will not take up the complaints of the following nature, namely-
Vague, anonymous, pseudonymous, illegible, trivial or frivolous.
When the complaint is presented after one year from alleged act and /or inaction.
Shall not inquire in Civil disputes etc., except against Police Officers indulging in house or land grabbing etc.,
Relate to service matters or labour or industrial disputes.
Matter is sub-judice before a Court or any Tribunal.
Matter is covered by a judicial verdict or decision of the Tribunal or any other Judicial or Quasi-Judicial Authority.
Matter is outside the purview of the Authority. The complaint has not been made to senior supervisory officer or one has not elapsed since filing of such complaint.