HT DIGITAL
SHILLONG, AUGUST 19: The Meghalaya High Court has instructed the state government to form the much-delayed Police Accountability Commission in four months, as mandated in the Meghalaya Police Act, 2010.
A division bench, during the hearing of a public interest litigation (PIL), noted that even after the Act was passed 15 years ago, the commission could not be formed. The law obligates the panel to be formed within three months of its coming into force.
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Section 74 of the Act states that the commission must be headed by a retired officer of principal secretary rank, a retired police officer of not less than Inspector General rank, and an individual with not less than 10 years’ experience in law, judiciary, or public administration. All their appointments are to be done on the advice of a committee comprising the home minister, chief secretary, home secretary, and director general of police.
The bench observed that the commission would possess advisory powers to scrutinise probes, ensure speedy and just inquiries and recommend departmental action against police officers on charges of misconduct. “This commission as envisaged by the said Act would be healthy for the police administration of the state,” the court observed.
Representing the state, Additional Advocate General N.D. Chullai contended that there were other enactments already operating to encompass the roles envisioned under the 2010 Act, which was why the commission was not established,
The court clarified, however, that unless the state repeals or amends the law, it is obligated to obey its provisions.
Squashing the PIL, the bench ordered the government to set up the Police Accountability Commission within four months.
