Meghalaya HC directs state to form Police Accountability Commission within four months

The Meghalaya High Court has directed the state government to constitute the Police Accountability Commission within four months, in line with the provisions of the Meghalaya Police Act, 2010.

A division bench, while hearing a public interest litigation, noted that even though the law was passed 15 years ago, the commission has not yet been set up. The Act mandates the panel’s constitution within three months of coming into effect.

The court was hearing a public interest litigation 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.