A: The State Police Accountability Commission came into effect from 1st January 2008.
2. Who benefits from the State Police Accountability Commission?
A. The victim or any other person affected by the illegal/unjustified actions of police within the meaning of Serious Misconduct as prescribed in the Assam Police Act 2007. The Commission enhances the accountability of the police to society as a whole.
A. The State Commission has its own Investigating Team, headed by a Chief Investigator. The team comprises of a Sr. Investigator / Investigator. The Commission may in any given case appoint an appropriate number of outsiders to be associated with the investigation either as Investigators or Observers.
The Investigating Agency shall perform all duties and responsibilities as assigned by the Commission from time to time. The Investigating Team may be required to undertake visits to anywhere in the State for causing on the spot study/enquiry with regard to complaints of alleged misconduct / serious misconduct of any police personnel and submit a detailed report of such enquiry, to the Commission within a week from the date of completion of such enquiry.
A. Yes, the Commission enjoys a status of an autonomous commission, which is evident from the methods of appointment of the Secretary and staff of the Commission and the status accorded to the Commission in matters of devising the rules for the conduct of the business as spelt out in section 77 of the Assam Police Act 2007.
A. The victim or any person on his / her behalf may submit the complaint of serious misconduct as defined in the Sec. 78 of the Assam Police Act 2007 to the State Police Accountability Commission, giving full details of the subject matter of the complaint along with duly sworn in affidavit discerning misconduct / serious misconduct against any police personnel. The complaints should be addressed to the Chairperson / Secretary of the Commission with a full signature proper address with PIN/contact number of the complainant. The complaint may be submitted directly or by post / Fax / Email.
A. The prescribed format for filing a complaint before the Commission is that the complaint has to be submitted with an affidavit with full signature / proper address quoting PIN/contact number of the complainant at the present address of the Commission.
A. No Court fee and stamp need to be affixed on the complaint petition.
A. The whole of the State of Assam comes under the jurisdiction of the Commission.
A. In the cases directly enquired by it, the Commission shall have all the powers of 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;
(f) Any other matter as may be prescribed.
10. What steps are open to the Commission after inquiry?
A. The Commission may take any of the following steps upon the completion of inquiry:
i. On conclusion of the inquiry into a complaint of ‘serious misconduct’ against the police personnel, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.
ii 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
(c) Commission before finalizing its own opinion in all such cases shall give the Director General of Police of the State an opportunity to present the Department’s view and additional facts if any not already in the notice of the Commission.
(d) In such cases, the Commission may review its findings upon receipt of additional information from the Director General of Police of the State that may have a material bearing on the case.
A. Yes, the Commission may also inquire into allegations of serious misconduct against police personnel suo-moto and the procedure contained in the State Police Accountability Commission Regulation 2008, Assam shall mutatis mutandi apply to suo-moto action taken by the Commission.
A. Yes, if the Commission can transact business outside the Headquarter if it so desires.
A. Upon completion of an enquiry, the Commission shall communicate its findings to the Director General of Police of the State and the State Govt. with a direction to:-
(i) Register First Information Report,
(ii) Initiate Departmental Action based on such findings duly following the evidence collected by police,
(iii) A copy of the order is also sent to the complainant. If the Commission finds no case of Serious Misconduct, this too is communicated to the complainant.
A. Yes, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.