High Court Directs Arunachal DGP To Take Steps For Separating Investigating Wing From Law & Order Police, Operationalise Complaints Authority

The Court stated that on several occasions, judicial notice had been taken of instances where accused persons were acquitted only for the reason that certain basic requirements were neglected during the investigation. The Court highlighted the importance of a proper investigation done in a more scientific method, by taking note of the requirements of the law relating to the offence for which the investigation is made. The Court stated:

"…it would be a travesty of justice if an accused is convicted without there being materials on record to prove it beyond all reasonable doubt that the accused alone had committed the offence alleged, it would equally be a travesty of justice if an accused is required to be acquitted merely because the materials which could have been obtained with a more correct investigation could not be obtained to be placed in the trial which would result in the accused being acquitted for the reason of the prosecution being unable to prove it beyond reasonable doubt that it is the accused who had committed the offence."

Apart from the Supreme Court, in its Prakash Singh ruling, the Law Commission of India, in its 154th report, had recommended such separation to ensure speedier investigation, better expertise and improved rapport with the people, the Court observed. It was explained that the requirement of an investigation would also require knowledge of law relating to the offence, as well as the foresight on the part of the investigation as to what material to look for in a particular investigation.

The Court observed that the Prakash Singh Judgment was rendered in 2006, but it had remained unimplemented in Arunachal Pradesh. Although a notification was issued for constitution of a Complaint Authority in the State and for separating the investigating police, it remained on paper.

The Court, therefore, made the following directions:

• Directed the Director General of Police, Arunachal Pradesh to conduct a thorough exercise and identify such police personnel within the police force who according to their experience, perception and qualification would be suitable for the purpose of carrying out the duties of an investigating officer.
• The number of such personnel to be carved out from the regular police force may be suitably determined by the Director General of Police depending upon the volume of criminal cases to be investigated in the State as a whole and also in respect of the individual police stations. If the individual police stations have higher load of criminal investigation to be made, more than one investigating officer can be considered to be posted in such police stations and in respect of other police stations where the volume of criminal investigation to be made would be correspondingly much lower, it can also be considered as to whether one investigating officer can cover more than one police station, which again would depend on the geographical location and other logistics involved between two such police stations.
• Director General of Police, Arunachal Pradesh directed to provide the Court with a list of such persons from the police force who would be suitable for being deployed in the investigating wing for the above purpose on the next returnable date.
• After the list of the police personnel suitable for investigation is provided to the Court, further steps should be taken to impart appropriate training to such personnel on the intricacies and requirements of conducting an investigation and for the purpose take up necessary administrative measures for doing the needful.
• As regards the establishment of Police Complaint Authority, the notification dated 18.12.2006 be carried forward and be brought to its logical end and for the purpose a direction is issued to the Chief Secretary to the Government of Arunachal Pradesh to carry forward and bring the requirement of the notification dated 18.12.2006 to its logical end and ensure that the Police Complaint Authority both at the State Level and at the District Level are being made operational and functional through the appropriate authorities qualified for the purpose.
• The requirement of making the Police Complaint Authority operational and functional be done by the Chief Secretary within a period of 06 (six) months.

On the next date, the Director General of Police, Arunachal Pradesh is to make available the list of proposed investigating officers and the Chief Secretary to submit a status report as regards the implementation and making operational and functional of the Police Complaint Authority.

Case Title: Gamken Bam Vs. State of Arunachal Pradesh

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