Police torture leading to suicide - No Direction to Probe by CBI : Issues can be raised in a complaint case

Gauhati High Court Declines CBI Probe in Alleged Custodial Torture Case. Court Permits Complaint Case Proceedings Following Protest Petition in Alleged Suicide of Assam Youth

News Report:  

In a significant ruling, the Gauhati High Court has dismissed a plea for a Central Bureau of Investigation (CBI) probe into alleged custodial torture leading to the suicide of Rimly Gogoi Saikia's brother. The bench, consisting of Justices Kalyan Rai Surana and Susmita Phukan Khaund, ruled that there was insufficient evidence to substantiate claims of police misconduct or flawed investigations in the case. The court has, however, allowed the petitioner to pursue the issues in a complaint case initiated by her protest petition.

The case involves the alleged torture of the deceased, who was repeatedly detained and interrogated by the police concerning a bomb blast in Jorhat. The petitioner accused high-ranking police officials of custodial torture and claimed investigation deficiencies in the death of her brother, who was found hanging from a tree near their home.

Despite the grave accusations, the court found no basis for a CBI investigation, emphasizing the lack of material evidence pointing to a shoddy investigation or attempts to shield police personnel. The court allowed the proceedings to continue in a complaint case registered following the protest petition filed by the petitioner.

The judgment noted that the petitioner could address her grievances within the complaint case framework and that the dismissal of the writ petition does not prejudice further proceedings by statutory bodies like the State Police Accountability Commission and Assam Human Rights Commission.

The court's decision also highlighted the importance of public confidence, accountability, and transparency in investigations, particularly when high-ranking police officials are involved. It underscored the principle that justice must be seen to be done to maintain public trust.

The court clarified that the statutory authorities are free to pursue any registered cases related to the incident, ensuring that the dismissal of the writ petition does not hinder their actions.

Bottom Line:

Allegations of police custodial torture and investigation deficiencies leading to alleged suicide - Court finds no basis to order investigation by the Central Bureau of Investigation but allows issues to be raised in a complaint case registered pursuant to the protest petition.

Statutory provision(s):  Criminal Procedure Code, 1973 Section 161, Sections 173, 200

Rimly Gogoi Saikia v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2781479