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Guwahati, February 8 (MTNews): Initiating a PIL suo motu in accordance with the Supreme Court direction, the Gauhati High Court on Tuesday directed the state governments of Assam, Mizoram, Nagaland and Arunachal Pradesh to file affidavits regarding compliance.
The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan dealt with various issues and has directed the Home Secretaries of the States of Arunachal Pradesh, Mizoram and Nagaland to file individual affidavits within a period of two weeks stating in detail and also providing the timeline within which a Police Commission in the respective States would be constituted.
This was in the direction of the Supreme Court where it directed all States and Union Territories to constitute a Police Commission to deal with allegations of police action, redressal of grievances of police and to make recommendations for the welfare of the police force.
Regarding the directions to the States to formulate and implement the guidelines for prevention and control of violent mass agitations and destruction of life and property, the Court also directed the respective State Governments of Assam, Arunachal Pradesh, Mizoram and Nagaland to file their individual affidavits within two weeks stating as to what action has been taken for implementing the guidelines as provided by the Supreme Court and whether there is any impediment in implementing the guidelines.
Regarding filling up of vacant posts in the Police and State Armed Forces so that the Police forces do not remain overburdened, the court directed the Secretaries of the respective Governments in the Home Department to file separate affidavits stating in detail the present number of vacancies of sanctioned posts of personnel in the Police force and the State Armed forces that are available and as to why the vacancies are yet to be filled up and whether there is any legal impediment in doing so and also to further provide the timeline and the road map under which the vacancies would be filled up.
In regarding to provide periodic training and up-gradation of police force and to fix the working hours for the police personnel, the court directed that a very senior police officer of the Mizoram and Nagaland be personally present before the Court for a deliberation as to how separation of the investigation wings can be given its effect and be implemented.
“Separation of the investigation wings of the Police is of paramount importance in public interest as well as for the security of the State and also for effective implementation of the criminal justice system. A judicial notice can also be taken that many criminal trials are ultimately acquittals because of defective or shortcomings in the investigation and a specialized training of the investigation wings would do a lot towards public interest to mitigate such a situation,” the court said.
The court further ordered that the senior police officers of all the four states shall be present personally before the court for further deliberation and directed to list the matter on February 10.
The court further said regarding ‘restraining the States from drawing a presumption against the action of Police acting under the constitutional and statutory obligations’ would be deliberated during the subsequent hearing.