Court issues contempt rule against Home Secy

SHILLONG, Oct 19: The High Court of Meghalaya has issued a rule of contempt against the Secretary of Home department for “deliberately disregarding” its order and “trying to obfuscate the issue and stand as an impediment to a fact-finding exercise in the matter of defalcation of public funds”.
The court was hearing a PIL on the alleged misuse of official vehicles by the police department and defalcation of funds related to acquisition of vehicles as it lambasted the state.
“Let a suo motu rule of contempt be issued against the Secretary in the Home Department of the State for deliberately disregarding an order of this Court, trying to obfuscate the issue and stand as an impediment to a fact-finding exercise in the matter of defalcation of public funds. The rule is made returnable on November 2, 2022,” the court order said.
When the PIL was received on September 30, the state had submitted that an inquiry had been conducted into the matter and the steps to be taken pursuant to the inquiry were under consideration.
The state had also submitted that charges could be framed against whom prima facie material had been discovered.
The order, dated September 30, called upon the state to file a report through the Secretary in the Home department, indicating the effective measures taken, including arresting any attempt by those prima facie found to be involved in the racket to remove or dissipate or secret their assets or funds.
The report was required to be filed on October 17, according to the court.
Albeit the report was available on October 17, when the matter was taken up, since no affidavit had been prepared to take responsibility for the report, the matter was adjourned till October 19.
An affidavit has been filed now appending a report.
The court called the state’s report “perfunctory and most insulting”, and included the report in its entirety in the order.
It said that no report or affidavit has been filed by the concerned Secretary.
The High Court has directed the department to ensure that the rule is drawn up immediately and personally served on the contemnor.
“A detailed report as to the quantum of the perceived loss, the extent of the abuse of authority, the manner of misuse of vehicles and the prima facie affixation of responsibility should be available in Court when this matter appears next on the same date. It is hoped that the state deals with the matter with the seriousness that it deserves,” the court order read.