The Commission receives complaints or proceeds suo-moto to inquire into the allegation of misconduct/serious misconduct against Police giving them due opportunity to defend themselves on the basis of natural justice in a summary way following the Civil Procedure Code, where necessary.
In cases of complaints of serious misconduct as defined in sec78(1) of Assam Police Act 2007, received against police personnel either by post or in person, from the victim or from National or State Human Rights Commission or police, the Commission enquire the allegations. The Commission also enquire into other cases referred to it by Government or DGP of the State if, in the opinion of the Commission, the nature of the case merits an independent enquiry.
The Commission may monitor the status of Departmental inquiries, departmental actions on the complaints of misconduct against Gazetted officers of and above the rank of DSP/ASP through a quarterly report from the DGP of the State and issue appropriate advice to the Police Department for expeditious completion of the inquiry.
The Commission may call for a report from or issue appropriate advice to the DGP to direct a fresh inquiry by another officer, when it is dissatisfied by the outcome of, or finds an inordinate delay in the process of departmental inquiry into a complaint of “ misconduct”, by any police officer.
The Commission may lay down general guidelines for the State Police to prevent misconduct on the part of police personnel.
If the Commission is satisfied with a complaint of serious enquiry caused by police misconduct, it may recommend to the State Government, compensation be paid to the injured / victim. It may also advise the Director General of Police to initiate punishment or departmental proceeding against police personnel.
For sensitization of Police and education of people, the Commission has to organize “Awareness Campaign” by way of holding seminars/ workshops in the districts and take such measures to ensure awareness. The Commission receives complaints by e-mail, post or in person.
The Commission shall prepare an Annual Report at the end of each calendar year with a recommendation on measures to enhance police accountability. And the state Government will lay it before the Legislative Assembly.
