Shillong, Aug 18: The Meghalaya High Court directed the government to constitute the State Police Accountability Commission as per the Meghalaya Police Act, 2010 within four months.
A division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh while disposing of a Public Interest Litigation (PIL) on Monday said the Commission would be “healthy” for the police administration of the State.
The PIL, filed by Nilberth Ch Marak and Flaming B. Marak, drew the attention of the court that despite enactment of the Legislation in 2010, the Commission was not constituted by the government.
Additional Advocate General N.D. Chullai in his submission stated that since there are other enactments that provided for discharge of the functions of the Commission provided by the Act it was not implemented.
However, the court said, “If that be the case, the State government would be free to amend or repeal the Meghalaya Police Act, 2010. Till it is not done, the directions in our order have to be complied with.”
According to the court, the Commission is holistic for the police force.
While it is mainly advisory, providing views, guidance and advising action to the government and to the Police Department, the Commission has the power to take into account any misconduct by the police and can inquire into the records of investigation done by the police with regard to any offence and if it finds that the inquiry has not been made fairly or with proper pace or by proper application of mind, it would direct the higher authorities to expedite the inquiry and conduct it lawfully and fairly.
Similarly, it could advise start of departmental proceedings in respect of any complaint against a police officer or expedition of such inquiry by the disciplinary authority in case it is unnecessarily kept pending.
The Commission also has general advisory power to advise proper enquiry against lawful complaints being made with regard to investigation by the police into commission of offences and acts of misconduct by police officials in proceeding with investigation or such enquiry.
As per the Meghalaya Police Act, the Accountability Commission shall consist of Chairperson and members with a credible record of integrity and commitment to human rights. The Chairperson could be a a retired officer superannuated in the rank of not below the Principal Secretary, a retired police officer superannuated in the rank of not below IGP and a person with a minimum of 10 years of experience either as judicial officer, practicing advocate in High Court or a professor of law or a retired officer with experience in public administration.
The Chairperson and the members of the Commission shall be appointed out of a panel prepared by a Committee consisting of Home Minister as Chairperson, Chief Secretary, Home Secretary, and Director General of Police.
Vacancies in the Commission shall be filled up as soon as practicable, and in no case later than three months after a seat has fallen vacant.
