‘Totally Alien To The Principles Of Criminal Jurisprudence’: Gauhati HC Raps Police For Filing A ‘Post-Investigation FIR’

The Gauhati High Court recently criticized the Bilasipura Police for registering a seemingly “post-investigation FIR” to justify filing a criminal case after the arrest of an individual.

A division bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah, observed that this procedure is completely contrary 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 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 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 order stated.

The bench was hearing a case that brought to its notice the detention of a woman and her infant at Bilasipara Police Station in Dhubri District.

According to a report, the woman, who was breastfeeding her child, was held in custody for approximately six days on accusations related to a murder case, despite no First Information Report (FIR) being filed prior to her arrest. This compelled her brother to approach the High Court seeking relief.

The bench was prompt to criticise the police for taking pride in registering a post-investigation FIR, with Chief Justice Mehta 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 provided assurance to the bench that changes have been implemented since then. The live-streaming of the court’s proceedings was interrupted as the submissions began in the case. The Court’s order acknowledged that a preliminary inquiry into the conduct of the relevant officers has been initiated under the supervision of the Director General of Police (DGP). It was also disclosed that the officers involved, including the Superintendent of Police, Dhubri, have been transferred. The Court directed the inquiry officer and the investigating officers to proceed expeditiously while taking into account the Court’s observations. In a previous order issued on June 9, the Court firmly expressed its opinion that there had been a clear abuse 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 investigation,” the bench remarked.

The next hearing in the matter is scheduled for June 21, at which point the authorities are required to submit a factual report to the Court.