(1) The Commission shall enquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo moto or on a complaint received from any o f the following:
(a) a victim or any person on his behalf;
(b) the National or the State Human Rights Commission;
(c) the police; or
(d) any other source.
Explanation: “Serious misconduct” for the purpose of this Chapter shall mean any act or omission of a police officer that leads to or amounts to:
(a) death in police custody;
(b) grievous hurt, as defined in section 320 o f the Indian Penal Code, 1860;
(c) molestation, rape or attempt to committing rape; or
(d) arrest or detention without due process o f law;
(e) forceful deprivation of a person of his rightful ownership or possession of property;
(f) blackmail or extortion;
(g) Non registration of First Information Report:
Provided that the Commission shall enquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint.
(2) The Commission may also enquire into any other case referred to it by the Government or Director General o f Police o f the State if, in the opinion of the Commission, the nature of the case merits an independent enquiry.
(3) The Commission may monitor the status o f departmental inquiries or departmental action on the complaints of “misconduct” against Gazetted Officer of and above the rank of Deputy/Assistant Superintendent o f Police through a quarterly report obtained periodically from the Director General of Police o f the State, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Commission’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case;
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 1897 Powers o f the Commission
Explanation : “M isconduct” in this context shall mean any will full breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding “serious misconduct” as defined in sub-section (1).
(4) The Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police of the State when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Commission; and
(5) The Commission may lay down general guidelines for the state police to prevent misconduct on the part of police personnel.
79. In the cases directly enquired by it, the Commission shall have all the powers o f a Civil Court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters:-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and production of any document;
(c) ' receiving evidence on affidavit;
(d) requisitioning any public record or copy thereof from any office;
(e) issuing authorities for the examination of witnesses or documents; and
(f) any other matter as may be prescribed.
Statements made to the Commission
80. No statement made by a person in the course of giving evidence before the Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for giving false evidence:
Provided that the statement,-
(a) is made in reply to the question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry:
Provided further that on conclusion o f the inquiry into a complaint o f ‘serious misconduct' against the police personnel, i f the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.
1898 — ^ - ^ ^ M ^ A Z E T r E ^ j XTRAORDINARY, AUGUST 31, 2007 Persons likely to be prcjudieiaiiy affected to be heard SL If. at any stage of the inquiry, the Commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give that person a reasonable opportunity o f being heard in the inquiry and to produce evidence in his support:
Provided that nothing in this section shall apply where the credibility o f a witness is being impeached.
Decisions and Directions o f the Commission
82. In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police of the State and the State Government with a direction to:
(a) register a First Information Report; and/or
(b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the Police. Such directions of the Commission shall be binding:
Provided that the Commission, before finalizing its own opinion in all such cases shall give the Director General o f Police o f the State an opportunity to present the Department's view and additional facts, i f any, not already la the notice o f the Commission:
Provided further that, in such cases, the Commission may review its findings upon receipt o f additional information from the Director General o f Police o f the State that may have a material hearing on the case.
Reports o f the Commission S3. (1) The Commission shall prepare an annual report at the end of each calendar year, inter alia, containing,-
(a) the number and type of cases of “serious misconduct” inquired into by it;
(b) the number and type of cases o f “misconduct” referred to it by the complainants upon being dissatisfied by the departmental inquiry into bis complaint;
(c) the number and type of’ cases including those referred to in
(b) above in which advice or direction was issued by it to the police for further action;
(d) the number of complaints received by the District Accountability Authorities, and the manner in which they were dealt with;
(e) the identifiable patterns of misconduct on the part of police personnel in the State; and
(f) recommendations on measures to enhance police accountability.
THE ASSAM...GAZETTE, EXTRAORDINARY. AUGUST 31. 2007 1899 (2 )
(3) District 8 4 . ( 1 ) Accountability Authority
(2)
(3) (4 ) The annual report of the Commission shall be laid before the State Legislature and shall be a public document, made easily accessible to the public.
The Commission may also prepare special reports with respect to specify cases directly inquired into by it. These reports shall also be made easily accessible to the public.
The State Government may establish in each Police Districts or a group of districts in a police range, a District Police Accountability Authority to enquire into cases of complaints of serious misconduct against police personnels, as defined in sub section (1) of section 78 .
The District Accountability Authority shall have one Chairperson and three Members with a credible record of integrity and commitment to human rights and shall be selected from amongst retired persons with judicial experience in the rank of District Judge or person having legal background having experience and qualification to be appointed as District Judge, a retired senior police officer, a retired senior civil servant and an eminent person from civil society.
The chairperson and other members of the District Accountability Authority will be appointed by the Government.
Condition of ineligibility, terms of office . terms and conditions of service, and condition of removal from office for the Chairperson and members of the District Accountability Authority will be same as provided in respect of Police Accountability Commission under chapter VIII .
Functions o f District Accountability Authority.
8 5 . (l)The District Accountability Authority may perform the following functions as may be notified by the Government :
(a) forward the complaints of “serious misconduct”, received directly by it, to the Commission for further action;
(b) forward for further action, the complaints of “misconduct” received directly bv it, to the District Superintendent of Police:
Provided that if the complaint contains allegations against any police officer of or above the rank of Assistant/Deputy Superintendent of Police, the District Accountability Authority shall forward the same to the Director General of Police of the State under intimation to the Commission, for further action.
(c) issue appropriate advice to the District Superintendent of Police for expeditious completion of inquiry, if, in the Authority’s opinion, the inquiry is getting unduly delayed in any such case;
(d) report cases to the Commission where departmental enquiry into “misconduct” is not concluded in time by the police department in spite of the Authority’s advice(s) to the District Superintendent of Police.
1900 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007
(2) The Authority may also, in respect of a complaint o f “misconduct” against an officer below the rank o f Assistant /Deputy Superintendent of Police, call for a report from, and issue appropriate advice for further action or, if necessary, a direction for fresh inquiry by another officer, to the District Superintendent of Police when a complainant, being dissatisfied by an inordinate delay in the process of departmental inquiry into his complaint of “misconduct” or outcome of the inquiry if the principles of natural justice have been violated in the conduct of the disciplinary inquiry, brings such matter to its notice.
Report o f the District Accountability Authority.