The Meghalaya High Court on Monday directed the state government to constitute the long-pending Police Accountability Commission within four months in accordance with provisions of the Meghalaya Police Act, 2010.
A division bench noted that although the Act was enacted 15 years ago, the commission—conceived under Chapter XII of the law—has not been established till date. The court stressed that the body was designed as a holistic mechanism to ensure strict police accountability, inquire into allegations of misconduct, and provide guidance to both the government and the police department.
The bench observed: “This commission as conceived by the said Act would be healthy for the police administration of the state.”
The direction came while hearing a public interest litigation (PIL) which pointed out that despite Section 74 of the Act requiring constitution of the commission within three months of the law coming into force, the government had failed to implement it.
Section 74 provides that the commission shall comprise:
- 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 recommendations of a committee comprising the Home Minister, Chief Secretary, Home Secretary, and DGP.
As per the Act, the commission is vested with advisory powers to review investigations, direct fair and speedy inquiries, and recommend departmental action against police officers for misconduct.
Appearing for the state, Additional Advocate General N.D. Chullai argued that certain functions envisaged under the 2010 Act are already covered by other enactments, which is why the commission had not been set up.
However, the bench clarified that unless the law is amended or repealed, the state is bound to comply with its provisions.
Disposing of the PIL, the High Court directed the Meghalaya government to constitute the Police Accountability Commission within four months.
