Meghalaya HC directs state govt to set up Police Accountability Commission within 4 months

Shillong, Aug 18 (PTI) The Meghalaya High Court on Monday directed the state government to constitute the Police Accountability Commission within four months in accordance with provisions of the Meghalaya Police Act, 2010.

The HC noted that despite the law being enacted 15 years ago, the panel is yet to be set up.

A division bench observed that the commission, conceived under Chapter XII of the Act, is a holistic mechanism to ensure strict police accountability, inquire into allegations of misconduct, and provide guidance to the state and the police department.

The court was hearing a public interest litigation (PIL) which pointed out that though the Act mandates constitution of the commission within three months of its coming into effect, the government has failed to do so.

Section 74 of the Act lays down that the commission will consist of a retired principal secretary-level officer as chairperson, a retired police officer not below the rank of IGP, and a person with at least 10 years' experience in law, judiciary, or public administration.

Their appointments are to be made on the basis of recommendations of a committee comprising the home minister, chief secretary, home secretary, and DGP.

The bench noted that the commission has advisory powers to review investigations, direct fair and speedy inquiries, and recommend departmental action against police officers for misconduct.

"This commission as conceived by the said Act would be healthy for the police administration of the state," the court observed.

Appearing for the state, Additional Advocate General ND Chullai submitted that there are other enactments in force that provide for functions envisaged under the 2010 Act, but the government had not implemented it.

The bench, however, clarified that unless the state amends or repeals the law, it is bound to comply with the provisions of the Act.

Disposing of the PIL, the court directed the government to set up the commission within four months. PTI JOP MNB