Shillong, Aug 19: The Meghalaya High Court has directed the State government to constitute an Accountability Commission under the Meghalaya Police Act, 2010 within a period of four months.
The Commission’s role is to inquire into allegations of misconduct by the police and ensure accountability.
The direction was issued after hearing the Public Interest Litigation (PIL) filed by Nilberth Ch Marak and Flaming B Marak, highlighting the government’s failure to constitute the Accountability Commission despite the enactment of the Meghalaya Police Act, 2010.
“We accordingly direct the State government to constitute this Commission in terms of the Meghalaya Police Act, 2010 within four months from date,” the division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh said in its order passed on Monday.
The bench observed that the Accountability Commission’s role is holistic and advisory, providing guidance and advising action to the government and the Police Department.
The Commission has the power to inquire into records of investigation, direct expedited inquiries, and advise on departmental proceedings.
The Commission’s composition and selection process are outlined in Section 74 of the Meghalaya Police Act, 2010.
The bench also noted the submission of ND Chullai, Additional Advocate General that there are other enactments in force in the State which provide for discharge of the functions of the Commission which have been provided by this Act and that for this reason the said Act was not implemented.
“If that be the case, the State government would be
free to amend or repeal the Meghalaya Police Act, 2010. Till it is notdone, the directions in our order have to be complied with,” it said while disposing of the PIL.
