The Gauhati High Court issued strong criticism against the Bilasipura Police for registering a "post-investigation FIR" in order to justify the filing of a criminal case after the arrest of an individual. The court, comprising Chief Justice Sandeep Mehta and Justice Devashis Baruah, stated that such a procedure goes against the principles of criminal jurisprudence. They pointed out that the officers of Bilasipara Police Station had created this FIR despite two previous FIRs already being registered in connection with the killing of Baser Ali. It was apparent that the new FIR was registered merely to justify the arrest of Rokiya Khatun. The court found this procedure to be completely alien to established criminal justice principles.
The case in question involved the detention of a lactating mother and her infant at the Bilasipara Police Station in Dhubri District. The woman was held for approximately six days on allegations of involvement in a murder case, even though no FIR had been registered before her arrest. This prompted her brother to seek relief from the High Court.
During the proceedings, Chief Justice Mehta expressed astonishment at the police's claim of registering a post-investigation FIR, stating that in his 38 years of experience, he had never encountered such a practice. The State counsel assured the court that changes had been made since then.
The court observed that a preliminary inquiry into the conduct of the concerned police officers was initiated under the supervision of the Director General of Police (DGP). It was also informed that the officers involved, including the Superintendent of Police, Dhubri, had been transferred.
In its order, the court directed the enquiry officer and investigating officers to carry out further proceedings promptly, taking into account the court's observations.
In a previous order dated June 9, the court had already expressed its strong belief that there had been a clear abuse of power by the police officials at Bilasipara Police Station and the supervising police officers. Multiple FIRs had been registered in relation to the same incident, with alterations made in the case. The third FIR, filed by the Officer-in-Charge of Bilasipara Police Station himself, raised serious doubts about the fairness of the investigation.
The court scheduled the next hearing for June 21 and requested the authorities to submit a factual report by that date.
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TAGS: Gauhati High Court Bilasipura Police post-investigation FIR criminal case arrest Chief Justice Sandeep Mehta Justice Devashis Baruah criminal jurisprudence plea documents officers Manash Jyoti Saikia Jyotirmoy Gayan Rokiya Khatun Dhubri District detention lactating mother infant murder case first information report (FIR) criticism misuse of power preliminary inquiry Director General of Police (DGP) Superintendent of Police transfer proceedings fairness of investigation factual report.
