Guwahati: A Right to Information (RTI)-based study by the Commonwealth Human Rights Initiative (CHRI) has revealed that the Assam government’s 2022 amendment to the Police Act has “severely constrained” the ability to hold police personnel accountable for serious misconduct, The Wire reported.
The study, titled “Police Complaints Authority of India – Status, Gaps, Challenges,” highlights the weakened independence of the State Police Accountability Commission (SPAC) established in 2008 as per a Supreme Court directive.
In September 2022, the Assam government pushed through the Police Act amendment despite opposition protests. This change, the study argued, has significantly hampered police accountability in the state.
The CHRI points to the reduced mandate of the State Police Accountability Commission (SPAC) as a major concern. Previously, SPAC held advisory and oversight powers over police misconduct, acting as a crucial check against bias and promoting responsible accountability.
However, the amendment downgraded SPAC to a mere forwarding body for complaints, stripping it of its investigative authority as mandated by the Supreme Court. This drastic shift has led to a worrying trend of complaints being dismissed without proper inquiry, particularly since 2022.
Furthermore, the CHRI study reveals a sharp decline in SPAC’s influence over police inquiries. Data obtained through RTI indicates a negligible number of recommendations for departmental investigations and almost none for FIR registrations in recent years. This raises concerns about a potentially compromised system with diminishing oversight.
Adding to the worries, the state government has consistently ignored SPAC’s recommendations.
The 2018-2022 annual report, for instance, proposed cost-saving measures like a permanent office for SPAC and stricter accountability measures for the Director General of Police.
These suggestions, along with calls for transparency in SPAC appointments and adherence to Supreme Court directives on its composition, have fallen on deaf ears.
This lack of action fuels fears of a deliberate weakening of police accountability under the current administration. Reports of a surge in “encounter killings” by police further amplify these concerns.
The Commission is now headed by retired Gauhati high court Justice B.P. Katakey as its chairperson with former Assam DGP Mukesh Sahay, retired IAS officer Gaurav Bohra and retired state service officer Moniratna Mahanta as members.