Gauhati High Court: While deliberating over the instant case wherein media reports about detention of woman with an infant in Bilasipara Police Station and its subsequent enquiry1 was brought to the notice of the Court; the Division Bench of Sandeep Mehta, CJ., and Devashis Baruah, J., strictly observed that officers of the Bilasipara Police Station created a post-investigation FIR on 31.05.2023 despite the fact that 2 previous FIRs had already been registered in relation to the killing of Baser Ali.
The Court noted that it was clear as light of the day that the FIR was registered so as to somehow justify the arrest of the woman presently in detention. The Court pointed out that such a procedure is totally alien to the principles of criminal jurisprudence.
Taking note of the preliminary enquiry into the conduct of the officers concerned under the supervision of the Director General of Police and transfer of the officers concerned, including the Superintendent of Police, the Court directed Enquiry Officer as well as the Investigating Officers shall conduct further proceedings expeditiously and submit latest factual report for Court's perusal on 21-06-2023.
[Rafikul Mondal v. State of Assam, 2023 SCC OnLine Gau 2188, order dated 16-06-2023]
Advocates who appeared in this case :
For the Petitioner: M.U. Mondal, Advocate; M. Hussain, Advocate; A. Alim Sk., Advocate.
For the Respondents: D. Mozumder, Additional Advocate General, Assam, assisted by D. Nath, Senior Government Advocate, Assam.
1. Rafikul Mondal v. State of Assam, W.P.(Crl.)/20/2023, order dated 09-06-2023.