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Analysis and recommendations 55opinion of the Council, the nature of the case merits an independent inquiry.(3) The Council may monitor the status of departmental inquiries or actions taken in pursuance theretoon the complaints of “misconduct” against officers through a quarterly report obtained periodically from the DistrictPolice Officer, and issue appropriate advice to the police department for expeditious completion of inquiry, if in thecouncil’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case;Explanation: “Misconduct” in this context shall mean any wilful breach or neglect by a police officer of anylaw, rule, and regulation applicable to the police that adversely affect the rights of any member of the public,excluding “serious misconduct” as defined in sub-Section (1)(4) The Council may also call for a report from, and issue appropriate direction for further action or, ifnecessary, a direction for a fresh inquiry by another officer, to the DPO when a complainant, being dissatisfied by theoutcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as definedabove, by any police officer, brings such matter to the notice of the Commission; and(5) The Council may lay down general guidelines for the district police to prevent misconduct on thepart of police personnel.Powers of the Council:Using the powers vested in the Council under Section 79(2) the Council can receive a complaint from anaggrieved person of misconduct by a police officer and merely forward this to the DPO or Regional Police Officer(as required) to take action under the Discipline Rules. This reduces the Council to a mere post office tasked with theduty of accepting and forwarding complaints. Knowing the closed and opaque nature of internal inquiries, such amandate in no way serves the accountability or oversight function of the body.The mandate of the DPC as provided at section 79 of the DPPA also does not empower it to request from thepolice a time-bound enquiry report that examines the complaint. Second, the DPC is not able to make any of its ownfindings. Third, the DPC can only forward complaints to the PPO when a report is not furnished. If a report isfurnished, but is inadequate in the opinion of the DPC, no recourse is given. All these weaknesses together add up toa powerless and impotent body.79. (6) - (11) RecommendationThe powers of the Council must be laid down in the Act and therefore it is our suggestion that new subsections(6) – (11) be added to the DPPA to read as follows:79(6) – (9) Powers of the Council(6) In the cases directly enquired by it, the Council shall have all the powers of:(a) summoning and enforcing the attendance of witnesses and examining them on oath;(b) discovery and production of any document;(c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing authorities for the examination of witnesses or documents; and(f) any other matter as may be prescribed.(7) The Council shall have the power to require any person, subject to legal privilege, to furnish informationon such points or matters as, in the opinion of the Council, may be useful for, or relevant to, the subject matter of theinquiry, and any person so required shall be deemed to be legally bound to furnish such information.(8) The Council shall have the power to advise the Administrator on measures to ensure protection of