Sub-Inspector R A Sangma was wanted for his statement by the Justice Rajkhowa Inquiry Commission probing the Shillong jailbreak on May 31, 2009.
West Jaintia Hills Superintendent of Police O Passi told the commission that the concerned officer could not be served notice as he was "untraced" for the last one year.
The statement was strongly contested by the counsel of the Steering Committee against Murder of Democracy (SCAMoD).
Justice Rajkhowa, however, directed the secretary of the commission to issue a 'public notice' with regard to the non-appearance of Sangma, asking him to depose before the commission in the next hearing on November 20.
"The non-compliance of the officer and police theory that he had gone untraced has given rooms to suspicion and created doubts because they (police) have not given any supporting documents to prove this," SCAMoD counsel Poonam Yadav said.
Yadav argued that there was no evidence of missing person diary or FIR or any departmental proceeding against Sangma as he had gone missing for the past one year.
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He further stated that the injuries described in the inquest of main accused Fullmoon Dhar were different from those described in the post-mortem report.
The SCAMoD contested police version that he was shot dead in an encounter and alleged that there was a possibility of Dhar being shot dead in a fake encounter.