JAFFER KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned Public Interest Writ Petition and the writ appeal are materially connected in respect of the failure of the State Government to appoint an independent Chief Investigation Officer in the State Police Complaints Authority, in spite of the notification issued and the procedure started. Therefore, on consent, we have heard the writ petition and the appeal together and propose to pass this common judgment.

(2.) In the Public Interest Writ Petition, the petitioner seeks a writ of mandamus directing the State of Kerala to implement strictly and in its full spirit, the provisions of the Government Orders for appointment of Chief Investigation Officer to assist the State Police Complaints Authority; and for a further direction to the State Government to complete the process of appointment of independent Chief Investigation Officer to assist the State Police Complaints Authority in accordance with Ext. P10 notification issued by the Government and the proceedings initiated thereunder.

(3.) The claim raised by the petitioner is that he is an advisory committee member of the Road Accident Forum for the State of Kerala and is also a human right protection activist. According to the petitioner, the State Government has issued several notifications for the recruitment of Chief Investigation Officer in the State Police Complaints Authority, Kerala; however, the same has not been pursued in an effective manner since 2016 to finalise the proceedings and make the appointment.