Mr. Nilberth from Garo Hills written to the Governor to setup Accountability Commission

Shillong, August 06: Mr. Nilberth Ch. Marak of Dawa Gittingre of East Garo Hills District has written to the Governor  of Meghalaya asking him to setup the State Level Police Accountability Commission herein to be called as Accountability Commission.

Mr. Nilberth on his request has quoted, as per the Section 73 (1) (2) and Section 74 (1) of the Meghalaya Police Act, 2010 Published in the Meghalaya Gazette Notification dated.07.02.2011 which came into force from the date of the notification i.e 07.02.2011 as per Chapter I Section 1 (3) of the Meghalaya Police Act, 2010 (Act No. 7 of 2011).

In his letter sent to the Meghalaya Governor he has stated that he is a social activists working for the welfare of the people particularly for delivering justice to the common people who are being deprived of justice and hence as a social activist he is placing this request for kind information and necessary action.

That it  is pertinent to mentioned herein that the Government of Meghalaya was please to pass the Meghalaya Police Act, 2010 (Act No. 7 of 2011)  which came into force from the date of the notification that is with effect 07.02.2011.

That according to the section 73 (2) Chapter XII, Police Accountability, it provides that the state government shall within 3 (three) months of the coming into effect of this Act established a state level Police Accountability Commission.

That will be called as Accountability Commission, consisting of Chairperson, member and such other staff as may be  necessary to inquire into public complaints  supported sworn statement against the police personnel for serious misconduct and perform such other functions as stipulated in the Act.

The section 74 (1) have provided that the Accountability Commission shall consist of Chairperson and members with a credibility record of integrity and commitment to the Human Rights.

The commission should have chairperson, who is a A retired Officer superannuated in the rank of not below the rank of Principal Secretary to the State Government as Chairperson or 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 section 74 (2) provides  that the Chairperson and the members of the Accountability Commission shall be appointed  out of a panel prepared by a committee consisting of Home Minister as a Chairperson, Chief Secretary, Home Secretary and Director General of Police.

The Section 73 (2) provides that the State Government shall within the three months of the coming into effect of this Act shall establish  Accountability Commission and as per the Act the Meghalaya Police Act, 2010 came into force w.e.f 07.02.2011.

That from the above mentioned Act it is clear that the State Government should constitute  or established the Police Accountability Commission within the period of 3 (three) months  from the date  of the enforcement of the  Act but surprisingly it is learnt from the reliable source till date the Government of Meghalaya have not established the Accountability Commission to enquire to public complaints supported by sworn statements against the police personnel for serious misconduct and to perform such other functions  as provided ion the Act.

The section 80 (1) of the Meghalaya Police Act, 2010 provide and defined the aims and objectives and the purpose of the establishment of the Accountability Commission and according to the Act i.e Section 80 (1), the Accountability Commission shall  inquire  into the allegations of serious misconduct against police personnel as detailed below either suo motu or on a complaint received from any Victim or any person on his behalf, National or State Human Rights Committee’ Police or any other source.

That  due to the absence the Accountability Commission, there is no proper forum for the public  in general to file the complaint against the Police atrocities, harassment and illegal detentions and it is stated that the people in general have been experiencing harassment, illegal detentions , atrocities against the  public by the police personnel.

Therefore, in order to avoid such unwarranted situations and unnecessary confrontation and in order  to maintain friendly relationship between the police and  the public the establishment of the  Police Accountability Commission  is mandatory for the interest of the people and for the better administration of the police department.

That the section 54 Chapter XI:  Role, Function, Duties and Responsibilities of the Police, it provides to uphold and enforce the law impartially and to protect the life, liberty, property, Human Right and dignity of the Member of the public, to create and maintain a feeling of security  in the community and as far as possible prevent conflicts and promotes amity etc. but in the absence of Accountability Commission, the fulfillment of the section 54 of Meghalaya Police Act, 2010  will be immaterialize.

That  it is admitted that there is existing mechanism in place for administering the Police Department, however, the Government of Meghalaya have passed the Act i.e Meghalaya Police Act, 2010 (Act No. 7 of 2011) and this Act is passed for better administration and  for better functioning of the Police Department and plain reading of the Act, It is understood That the Act has been passed for maintaining the friendly relation between common man and  Police Department.

Mr. Nilberth, request His Excellency, The Governor of Meghalaya to kindly take up the matter with the concern Government Authorities particularly with the Home Department, Chief  Secretary and Director General of Police to implement the  Act and to impalement the Act and to establish the Accountability Commission for the interest of the State  and for the end of Justice as a whole.

In view of the above statement it is most humbly and respectfully pray your Excellency to take up with the concern department and particularly with the panel prepared by Committee that is Home Minister, Chief Secretary, Home Secretary and Director General of Police to establish the Accountability Commission and to appoint the Chairperson said Mr. Nilberth Ch. Marak in his press statement.

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