‘Post-Investigation FIR Is Totally Alien To Principles Of Criminal Jurisprudence’: Gauhati High Court Slams Assam Police

The Gauhati High Court on Friday pulled up Assam Police for creating a post-investigation FIR, in relation to a murder of a person, to justify the detention of a woman along with her infant in Bilasipara Police Station of Dhubri district.

The division bench of the Chief Justice Sandeep Mehta and Justice Devashis Baruah observed that such a procedure is totally alien to the principles of criminal jurisprudence.

“We are constrained to observe that from the pleadings and the documents available on record, it is clear as day light 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 inspite 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.”

The court was hearing a writ petition filed by the brother of the detained woman who was allegedly kept in the police custody for 6-days along with her two-year old child and a teenager over a charge of murder without registering an FIR in the matter.

On June 9, the court observed that there has been blatant misuse of power by the police officials of Bilasipara Police Station as well as the Supervising Police Officers in the matter.

“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 investigation and, hence, we are compelled to direct that the Director General of Police, Assam, shall forthwith summon the original records of this case to himself and, thereafter, shall assign further investigation thereof to an officer not below the rank of Additional Superintendent of Police posted in any neighbouring district of Dhubri. The Director General shall supervise the enquiry initiated under the aforesaid communication dated 08.06.2023,” the court ordered.

On June 16, the court was informed that the preliminary enquiry into the conduct of the officers has also been initiated under the supervision of the Director General of Police and the officers concerned, including the Superintendent of Police, Dhubri, have since been transferred.

The court directed that the Enquiry Officer as well as the Investigating Officers shall conduct further proceedings expeditiously and submit a factual report on June 21.

Case Title: Rafikul Mondal v. The State of Assam & 6 Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Devashis Baruah

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