Police Vehicle Scam: Meghalaya High Court Drops Contempt Proceedings Against Home Secretary, Asks State To Book Culprits

The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh was hearing a PIL filed by the residents of Shillong alleging illegal procurement of vehicles by some officials of the Police Department without any valid sanction from the competent authority. They alleged that a total of 29 official vehicles were in the personal custody of a certain official – a former Assistant Inspector General (Administration) of the Meghalaya Police.

The PIL had also mentioned that attempts were being made to cover up the entire episode and steps were not being taken against the guilty, nor were attempts being made to recover the public money that had obviously been squandered.

Responding to the PIL, the bench had earlier issued an order to the Home Department for filing a status report, stating:

"Unfortunately, the greater scam in this country is not in the scams themselves, but in the inquiries that follow the scams. More often than not, tonnes of paper are wasted to bury the truth and seldom have the guilty been taken to task or any attempt made to recover the public money that was wasted. The State should file a report through the Secretary in the Home Department indicating the effective measures taken, including arresting any attempt by those prima facie found to be involved in the racket to remove their assets or funds."

However, no affidavit was filed by the Home Department, despite an extension of another day which was given through an order. Subsequently, the High Court issued suo motu contempt proceedings against the Home Secretary calling out the conduct of the Home Secretary a 'farce' and calling the report which was unaccompanied with an affidavit 'perfunctory and insulting.'

On Wednesday, the State filed a detailed affidavit and accompanying report, following which the Court ordered for dropping the contempt proceedings against the Home Secretary:

"A detailed affidavit and accompanying report have now been filed and it is unfortunate that the Court has to resort to extreme steps before appropriate action is taken by the State in some cases...An inquiry officer has already been appointed. Forty-three witnesses have been indicated in the charge-sheet and the connected papers...The State submits that appropriate steps would be taken to ensure that the assets of the delinquent are frozen since the extent of defalcation has been, prima facie, pegged at over Rs. 3 crore."

Excusing the Home Secretary, the Court added:

"Since it now appears that the matter is being attended to by the State with the seriousness that it calls for, the contempt proceedings instituted against the Home Secretary are dropped. The rule is discharged and the Home Secretary is excused. It is hoped that the entire matter is monitored at the highest level to ensure that defalcated public funds are recovered and the culprit or culprits are brought to book."

Case Title: Riewad Vicharwant Warjri and Another v. State of Meghalaya and Others

Case No: PIL No. 12 of 2022

Coram: Chief Justice Sanjib Banerjee and Justice W. Diengdoh

Citation: 2022 LiveLaw (Meg) 46 

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