By Our Reporter
SHILLONG, Aug 18: The High Court of Meghalaya has directed the state government to constitute an Accountability Commission to study the Meghalaya Police Act, 2010, within four months.
The court noted that Chapter XII of the Act, which prescribes investigations into allegations of misconduct by an ombudsman, deals with police accountability.
It also cited Section 73 in addition to departmental rules to ensure strict accountability. This section seeks the constitution of a state-level police panel to be called the Accountability Commission within three months of the Act coming into effect.
The Division Bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh observed that the principal grievance of the petitioners – Nilberth Ch. Marak and Flaming B. Marak – was the non-constitution of the commission despite the enactment of the legislation in 2010.
“The composition of the Accountability Commission is provided in Section 74(1), whereas the Selection Committee for this Commission is mentioned in Section 74(2) of the said Act,” the court noted.
The court said the Accountability Commission appeared to be “very holistic” for the police force.
“It is mainly advisory, providing views, guidance, and advising action to the government and the Police Department. It has the power to take into account any misconduct by the police, which implies that it 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,” the court observed.
The commission could advise the start of departmental proceedings on any complaint against a police officer or expedite such inquiry by the disciplinary authority, in case it is unnecessarily kept pending. The commission also has the 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, the court said.
“This commission, as conceived by the said Act, would be healthy for the police administration of the state. We, accordingly, direct the state government to constitute this Commission in terms of the Meghalaya Police Act, 2010, within four months from the date,” the Division Bench said.
The court also noted the submission of Additional Advocate General N.D. Chullai that the Meghalaya Police Act was not implemented because of other laws in the state, which deal with the discharge of the functions of the Commission.
“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,” the court said, disposing of the public interest litigation.