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Madras HC questions validity of retired judge heading police commission
Pointing out that Tamil Nadu Police (Reforms) Act, 2013, mandated that the Home Secretary should head the police commission, the Madras High Court on Monday directed the State to file its response by January 31 explaining whether the rules were followed while appointing a retired judge of the HC to head the newly constituted TN Police Commission.
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Chennai
The first bench comprising Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu raised the question while hearing pleas moved by retired IPS officer AG Maurya and Saravanan Dhakshinamoorthy.
The petitioners sought a direction to declare the Act as null and void citing the failure of the government to appoint retired judges to the police commission violating the direction of the SC.
Advocate General R Shunmugasundaram submitted that the State had recently formed a Police Commission headed by retired High Court judge CT Selvam. Recording the submission, the bench asked the AG how a retired judge was appointed to lead the Tamil Nadu Police Commission.
“As per the Tamil Nadu Police (Reforms) Act, 2013, the Home Secretary should be the head of the Police Commission. Was there any amendments made in the Act,” the ACJ asked.
The AG referred the Supreme Court verdict and an order of a division bench of the High Court recommending the formation of the TN Police Commission chaired by a retired judge. The bench then asked the government to file a counter explaining whether any amendments were made in the Act in this regard.
The matter was posted for further hearing on January 31.
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