Assam police accountability panel asks govt to take steps against officers for misconduct

The State Police AccountabilityCommission of Assam has directed that departmental actions beinitiated against senior IPS officer Anurag Agarwal, KokrajharSP Rajen Singh and others for ''either misconduct and/orserious misconduct''.

In its Annual Report for 2019, which was tabled inAssam Assembly on Thursday, the Commission headed by formerJustice B P Katakey also criticised the Home and PoliticalDepartment of the state government for questioning itsjurisdiction in probing the case involving the officers.

The report said that the Commission had passed anorder on August 26, 2019 directing departmental actionsagainst the then Bodoland Territorial Area Districts (BTAD) IGAnurag Agarwal and Kokrajhar SP Rajen Singh for ''commission ofeither 'misconduct' and/or 'serious misconduct', within theaforesaid provisions of law''.

The report did not elaborate on the misconduct orserious misconduct committed by them.

The order was issued against the then Additional SPTabu Ram Pegu, Deputy SP Prakash Medhi, Inspector RabinChoudhury, Sub-Inspector Majen Barman and Sub-Inspector LatukDas under the same charges.

''Thereafter, though under the provisions of the (AssamPolice) Act, the Deputy Secretary to the Government of Assamhas no jurisdiction, a communication dated 18.11.2019 wasissued purportedly with the approval of the Additional ChiefSecretary, Home and Political Department,'' it said.

The communication questioned for the first time thejurisdiction of the Commission to make an enquiry and to passan order in respect of the allegation of 'misconduct' found tohave been committed by a police officer, the report said.

The communication has been rejected by the Commissionvide an order on November 11, 2019, which was also sent to theHome Department of the Government of Assam, it added.

On December 27 that year, the Secretary of the Homeand Political Department again sent a communicationreiterating that the mandate of the Commission ''does notinclude making enquiry into the allegations of misconduct''.

''The Secretary...has failed to take into considerationthe fact that the aforementioned police officers were foundguilty of commission of not only the 'misconduct' but also of'serious misconduct', within the aforesaid provisions of law,''it said.

The Commission, set up in 2008, said that it is astatutory body and has jurisdiction to enquire intoallegations of misconduct by any police personnel.

''Any view taken contrary to the same would defeat thevery purpose of enacting the Assam Police Act, 2007,'' thefour-member Commission said.

The Commission further said that it received a totalof 317 complaints in 2019 against a number of officials ofAssam Police across the state.

These complaints are related to molestation and rape,blackmailing, non-registration of FIR, police inaction,harassment and atrocities, and misuse of power, the reportstated.