Security panel defunct in State
SHILLONG: The State Security Commission which was formed to frame broad policy guidelines for “promoting efficient, effective, responsive, accountable, impartial, honest, professional and citizen-friendly policing, in accordance with the law “, has now become almost defunct.
In the context of unrest in Garo Hills due to the spurt in militancy and custodial deaths, there should have been regular sittings of the Commission to guide the police, but its job was limited to prepare the panel of names for the appointment of new DGP. It was based on the Meghalaya Police Act that Commission was formed.
The Tura MP PA Sangma has already taken up the issue of ‘lawlessness’ with the Prime Minister in Garo Hills.
The Supreme Court of India in the case of Prakash Singh and others versus the Union of India and others passed a judgement and order on September 22 2006 keeping in view the law and order situation in the Country and provided that there should be measures to insulate the police machinery from political or executive interference, to make it more efficient and effective and to strengthen and preserve the rule of law.
Among others, the apex court has directed all State Governments to constitute a State Security Commission to ensure that the state government does not exercise unwarranted influence or pressure on the state police and for laying down the broad policy guidelines so that the state police always acts according to the laws of the land and the constitution of the country.
This watchdog body shall be headed by the Chief Minister or Home Minister as Chairman and have the DGP of the state as the ex-officio secretary. The other members of the Commission shall be chosen in such manner that it is able to function independent of Government control.
The first State Security Commission was constituted in Meghalaya in August 2011 as mandated under the Meghalaya Police Act 2010 comprising of the CM as Chairman, Home Minister as Deputy Chairman, and Leader of Opposition, Chief Secretary as members and two independent members VGK Kynta Senior Advocate and PJ Bazely among others.
Sources informed that the State Security Commission rarely sits and in terms of the Act of 2010 the Commission should at least sit once a month for first three years. Except paneling a list of names of senior officers of the state police for appointment as DGP nothing concrete was undertaken by the Commission nor any policy guidelines prepared as mandated by the Act or under the direction of the supreme court.
When contacted, VGK Kynta refused to comment on the functioning of the Commission.
However, he said that the Commission last sat on June 24, 2013 and consequently, the present DGP was selected by the Government.
Kynta wondered as to why the Commission did not sit again after June 2013 though the Act provides for sitting of the Commission once a month. Kynta is also of the view that the law and order situation in the state is at its lowest ebb and things will go out of control unless strong and effective steps are not taken by the Government.
Kynta is also of the view that in the event the Chief Minister is not available, the Home Minister who is the Deputy Chairperson of the Commission should have at least directed convening the sitting of the Commission in the absence of Chief Minister.
He said that the law and order situation in the state has worsened at this juncture, than other times.
As an independent member of the State Security Commission Kynta also felt a sense of disconnect on the style of working of the Government bodies. He said that the role of Independent members should not merely be cosmetic but they should be able to play a strong and effective role especially when the Commission itself is a strong and powerful body.