Adityanath announces 6 new forensic labs, calls on UP Police to technologically upgrade itself
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United News of India
a day ago
- United News of India
Meghalaya HC directs State govt to set up police accountability commission within 4 months
Shillong, Aug 19 (UNI) A division bench of the Meghalaya High Court has directed the State government to constitute a Police Accountability Commission as per the Meghalaya Police Act, 2010 within four months. The direction by a bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh came when the court yesterday disposed a public interest litigation (PIL) filed by Nilberth Ch Marak and Flaming B Marak for failing to constitute the Accountability Commission despite the enactment of the Meghalaya Police Act, 2010. Under the Meghalaya Police Act, 2010, the role of an ombudsman is conceived of to inquire into any allegations of misconduct by the police. The bench said that the role of the Accountability Commission is holistic and advisory, providing views, guidance and advising action to the government and to 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 said. Similarly, it could advise start of departmental proceedings in respect of any complaint against a police officer or expedition of such inquiry by the disciplinary authority in case it is unnecessarily kept pending. The Commission also has 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 observed. As per the Meghalaya Police Act, the Accountability Commission shall consist of Chairperson and members with a credible record of integrity and commitment to human rights. The Chairperson could be a retired officer superannuated in the rank of not below the Principal Secretary, a retired police officer superannuated in the rank of not below IGP and a person with a minimum of 10 years of experience either as judicial officer, practicing advocate in High Court or a professor of law or a retired officer with experience in public administration. The Chairperson and the members of the Commission shall be appointed out of a panel prepared by a Committee consisting of Home Minister as Chairperson, Chief Secretary, Home Secretary, and Director General of Police. Vacancies in the Commission shall be filled up as soon as practicable, and in no case later than three months after a seat has fallen vacant. While directing the State government to constitute this Commission in terms of the Meghalaya Police Act, 2010 within four months from date, the bench also took note of Additional Advocate General N.D. Chullai's submission that since there are other enactments that provided for discharge of the functions of the Commission provided by the Act it was not implemented. However, Mukerji and Diengdoh said, '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.' UNI RRK AAB
Hindustan Times
2 days ago
- Hindustan Times
Adityanath announces 6 new forensic labs, calls on UP Police to technologically upgrade itself
The Meghalaya High Court has instructed the state government to establish the Police Accountability Commission within four months, as mandated by the Meghalaya Police Act, 2010. The court highlighted the failure to set up the commission, which is essential for ensuring police accountability and addressing misconduct, despite the law being in place for 15 years.
Hindustan Times
2 days ago
- Hindustan Times
Meghalaya HC directs state govt to set up Police Accountability Commission within 4 months
Shillong, 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. Meghalaya HC directs state govt to set up Police Accountability Commission within 4 months 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 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. This article was generated from an automated news agency feed without modifications to text.
