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Annual Report 2012

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Annual Report 2012 1 I N D E X Sl. No. Content Page No. 1. Introduction 1 2. Composition of the Commission 1 - 2 3. Accommodation 3 4. Scope and extent of the Annual Report 3 5. Number of cases registered 3 - 9 6. Reference of cases by individual complainant 9 - 10 To the Commission 7. Illustrative cases 11 - 70 8. Commission’s directions/observations 70 - 150 9. Number of complaints received by the District 150 Accountability Authorities and the manner in which they were dealt with 10. Pattern of misconduct 150 - 151 11. Recommendations on measures to enhance Police 151 - 152 Accountability 12. Post Script 153 – 158 Justice D.N. Chowdhury (Retd) 9435010653 (M) 2 Chairman 0361-2462408 (O) State Police Accountability Commission, Assam, Ulubari Guwahati- 781 007 DO No. SPAC/G/15/2013/3 The 26 th August, 2013 Dear Shri I have the pleasure of tendering the report of the State Police Accountability Commission, Assam for the Year 2012. The Assam Police Act, 2007 for the first time, provided the people an opportunity to make complaints against the Police misdemeanour for being enquired by the independent Complaint Authority. It is indeed a significant step for bringing in police accountability. It is worth mentioning that the complaints are increasing day-by- day. People are trying to seize the opportunity. Slowly but surely people are becoming aware of their rights. The increase of the complaints also indicates that such institutions are immensely necessary for the common people to ventilate their grievances against the police functions. The Commission started functioning since January, 2008. Despite enormous constraint, the Commission is functioning with a sincere commitment. Sixty-seven cases were registered in the first year. Each year cases are increasing, complaints are pouring. The Commission till now disposed 220 cases and 128 number of cases are pending before the Commission. Each and every complaint has its own efficacy. Such complaints are required to be disposed promptly. But due to infrastructure problem, the Commission is seriously handicapped in going ahead with committed task. The Commission is in nascent stage but in crucial stage to earn public confidence. The Commission is not sufficient unto themselves, it is in need of full support from all concerned. Needless to state about the efficacy of Independent Police Complaint Authority. In Great Britain, the Parliament created an independent Police Complaint Authority by a statute in the year 2002. The said Commission started functioning from 2004 with one Chairperson and nine persons as Members (Commissioners) with a large number of investigators, being tied up in having various fields of investigations who are also engaged in investigation of banking and financial frauds. There, the Chief Constabulary also lodges complaint to the Commission for the offences committed by the Police force. The British Revenue and Custom Services are also brought under the purview of the oversight body. Increasing conflict between the people and the police in recent time has been found to be addressed by the IPCC to satisfy the people as well as the Government. Therefore, in a democratic polity there is a need for an external oversight body to act as a forum for the redressal of the grievances of the complainant and meet the expectation of the people. 3 The Commission with firm hope and expectation made numerous recommendations, which are waiting for proper implementation. This year also the Commission put forward seven recommendations to enhance the measure of police accountability. We sincerely hope and trust that Government will come forward to take prompt measures for improving the important part of the administrative machinery and to create confidence in the mind of the people on the police force. These recommendations, if implemented, will go a long way in creating a people friendly, professionally organised, service oriented, impartial and efficient police service, that will safeguard the interest of the people. Thanking you, With regards, Yours sincerely, Sd/- Shri Tarun Gogoi ( Dhiresh Narayan Chowdhury) Chief Minister, Assam, Dispur, GUWAHATI- 781 006 4 ANNUAL REPORT 2012 Introduction : The State Police Accountability Commission is in the 5 th year of its functioning since 2008. The performance of the Commission, as in the by gone years carries with the vision to ensure accountability of the police as envisaged in the preamble of Police Act 2007. The complaints received during the year 2012 have recorded an increase to 79 (seventy nine) with the increase over the last year. The striking observations on the complaints are indicative of the mindset of the police, which is yet to make a dent on the measures to reform the police making them people friendly, effective, efficient and professional. The Annual Report 2012 is prepared in accordance with Section 83(1) of the Act, highlighting the nature of misconduct, their identifying patterns and measures to enhance Police Accountability, to be laid before the State Lagislature. 2. Composition Of the Commission –Its power and function The Assam Police Accountability Commission is chaired by Justice Shri. Dhiresh Narayan Chowdhury, former Judge of the Gauhati High Court with Members Shri. Dhirendra Nath Saikia IAS(Retd), Smti. Minati Chowdhury, member of the Civil Society and Shri. Sheo Prasad Ram, IPS (Retd). The mandate of the Commission, is to ensure accountability of police, as additional mechanism in addition to the already existing mechanisms, functions, duties and responsibilities of the departmental authorities as detailed in the chapter VIII of the Police Act, 2007 by making “enquiry into public complaints supported by sworn statement against the police personnel for serious misconduct and perform such other function as stipulated in the chapter.” The term “Serious misconduct” has been explained as any act or omission of a police officer that leads to or amounts to: (a) Death in police custody. 5 (b) Grievous hurt; (C)Molestation, rape or attempt to commit rape; or (d) Arrest or detention without due process of Law; (e) Forceful deprivation of a person of is rightful ownership or Possession of property; (f) Blackmailing or extortion; (g) Non-registration of First Information Report and any other case referred to it by the Govt. or the DGP of the State subject to the nature of such cases meriting for independent enquiry. 2.1 Investigation Agency : Shri. R.K. Bania IPS(Retd), former DIGP has been heading the Investigative Agency of the Commission being assisted by two other retired police officers of the rank of Addl.S.P/DSP on contractual basis from time to time. The approved strength of the agency is one S.P, one Dy S.P and one Inspector of police. Approved strength and the present position of the agency are not adequate to handle the increasing workload of the Commission considering the nature of the investigation as required in the complaints and examination of issues in the fact finding mission. It needs to be augmented now. Investigation Agency of the Commission which has been working in the initial years on an adhoce basis needs to be revamped, at the earliest instance. It should, have a staff to take up enquiries/investigations for an average of seventy cases(70) annually in addition to the backlog. Five (5) investigators, two senior investigators and one chief investigator should be the present day size of the staff of the Investigating Agency, with necessary working accommodation and transport. 2.2. Secretariat of the commission:- A retired officer of the rank of Joint Secretary of Assam Secretariat Service was the Secretary of the Commission till November.2012 being assisted by retired ministerial officers (2) and other staff (4) engaged on contractual basis. One Sr. Asst. and one Jr. Asst. are attached from the police Department in the ministerial strength of the Commission’s Secretariat of which the Sr. Asstt. appears to be of not helpful at all and it remains vacant for most of the time. The junior assistant is highly useful and is doing very well. The Secretariat of the Commission also needs to be revamped in view of the increasing trend of its activities in the registration of complaints, follow up action, liaisoning, conducting the hearings of the commissions and the disposal of the complaints timely and effectively. 6 2.3. Finance The Commission is yet to have an independent budget provision. However, the funds placed for the Commission during the year under reference is Rs. 48,58,000/- of which, Rs. 39,54,000/- spent on salary and Rs.9,00000/- on other expenses. The Government has paid remunerations to the Chairman and Members commensurately except the supporting secretariat and investigating staff of the Commission who are working on a pittance for the last five years. The commission is crippled with the lots being suffered by the supporting and the investigating staff for a considerable period. 3. Accommodation: The Office of the Commission is at present housed at a rented premises located at Dr. B.K. Kakati Road, House No : 105, Ulubari, Ghy:7, Assam. The accommodation needs to improvement in term of space due to the increasing nature of its work. The present make shift arrangement should be replaced, by the suitable own accommodation, to be built up in lands to be acquired, at the earliest. The Commission is yet to come over from this teething problem. 4. Scope and extent of the Annual Report The report to contain: (a) The number and type of cases of Serious Mis-conduct enquired into it ; (b) The number and type of cases of misconduct referred to it by the complaint upon being dissatisfied by the departmental inquiry into (c) The number and type of cases including those referred (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) Recommendation on measures to enhance police accountability.
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