Guwahati: The Gauhati High Court has reprimanded the Assam Police for creating a post-investigation FIR, in connection with the murder of a person, to justify the detention of a woman along with her infant at Bilasipara Police station in Dhubri district.
A bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah on Friday observed that such a procedure is totally alien to the principles of criminal jurisprudence, Bar and Bench reported.
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“We are constrained to observe that from the pleadings and the documents available on record, it is clear as daylight that the officers of the Bilasipara Police Station, namely, Shri Manash Jyoti Saikia, Sub-Inspector and Shri Jyotirmoy Gayan, Officer-in-Charge, have created a post-investigation FIR on 31.05.2023 in spite of the fact that 2(two) previous FIRs had already been registered in relation to the killing of Baser Ali. It clearly appears that this FIR was registered so as to somehow the other justify the arrest of Rokiya Khatun. Such a procedure is totally alien to the principles of criminal jurisprudence,” stated the order passed on June 16.
The Court made this observation while hearing a case that drew its attention to the detention of a woman with an infant at the Bilasipara police station.
As per reports, the woman was a lactating mother, who was kept in detention for around six days over allegations of involvement in a murder case, even though no first information report (FIR) was registered before her arrest.
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This prompted her brother to approach the High Court for relief.
On Friday, the Court was prompt to pull up the police for taking pride in registering a post-investigation FIR, with Chief Justice Mehta orally observing,
“D Mozumder (Additional Advocate General, Assam), this is the first instance, in my 35 odd years – 38 years now – I’ve come across the police claiming to have registered a post-investigation FIR, and with pride! … This procedure, in my experience, it is alien, to my knowledge. Maybe some new kind of record is being created. And it was with great pride it was stated. Your SP – she fortified that assertion.”
The State counsel, in turn, assured the bench that things have changed since then.
The live-streaming of the court’s proceedings was cut off as the submissions began in the matter.
In its order, the Court noted that a preliminary inquiry into the conduct of the officers concerned has been initiated under the supervision of the Director General of Police (DGP). The officers concerned, including the Superintendent of Police, Dhubri, have also been transferred, the Court was informed.
The Court then ordered the enquiry officer, as well as the investigating officers, to conduct further proceedings expeditiously, keeping in view the Court’s observations.
In an earlier order dated June 9, the Court had observed that it was of the ‘firm opinion’ that there had been ‘blatant misuse of power’ by the police officials at Bilasipara Police Station as well as the Supervising Police Officers.
“Multiple FIRs have been registered in relation to the same incident with systematic improvement in the case. Even the names of the accused/suspects have been substituted in the third FIR dated 31.05.2023 which, surprisingly, has been filed by none other than the Officer-in-Charge, Bilasipara Police Station, Sri Jyotirmoy Gayan himself. This action creates serious doubt on the fairness of the investigation,” the Court had said.
The court posted the matter for the next hearing on June 21.