Gauhati High Court pulls up Police for “post-investigation FIR”; says concept alien to our jurisprudence

The Gauhati High Court on Friday criticized the Bilasipura Police for having registered what appeared to be a “post-investigation FIR”, meant to justify the lodging of a criminal case after the arrest of the person..Such a procedure is totally alien to the principles of criminal jurisprudence, observed a bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah.."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," stated the order passed on June 16. .The Court was dealing with a case that drew its attention to the detention of a woman with an infant at the Bilasipara Police Station, Dhubri District. .As per a report the woman was a lactating mother, who was kept in detention for around six days over allegations of involvement in a murder case, even though no first information report (FIR) was registered before her arrest. This reportedly prompted her brother to approach the High Court for relief..On Friday, the Court was prompt to criticise the police for taking pride in registering a post-investigation FIR, with Chief Justice Mehta orally 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, in turn, assured the bench that things have changed since then. The live-streaming of the court's proceedings was cut off as the submissions began in the matter. .In its order, the Court noted that a preliminary inquiry into the conduct of the officers concerned has been initiated under the supervision of the Director General of Police (DGP). The officers concerned, including the Superintendent of Police, Dhubri, have also been transferred, the Court was informed. The Court then ordered the enquiry officer, as well as the investigating officers, to conduct further proceedings expeditiously, keeping in view the Court's observations. .In an earlier order dated June 9, the Court had observed that it was of the firm opinion that there had been blatant misuse 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 Court had said. The matter will be heard next on June 21, by when a factual report is to be submitted by the authorities to the Court. .[Read Order]