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Gauhati High Court closes suo motu PIL on police brutality

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The Gauhati High Court has recently closed a suo motu PIL concerned with the allegation that during an inspection of the District Jail, Sivasagar, done by the District & Sessions Judge, Sivasagar, on 30.11.2019, two inmates, namely, Nabajyoti Gogoi @ Abhijit and Raju Hazarika @ Bhaluka, told the judge that police pressured them to confess the crime and they had also been tortured.

The two persons also showed injury marks on their bodies. The District & Sessions Judge informed the matter to the High Court and also submitted a report in this regard. On the basis of the report of the District & Sessions Judge, the High Court directed the Superintendent of Police, Sivasagar, to register a case against the erring police personnel. In other words, this was a case of custodial violence at Demow Police Station. Thereafter, vide an order dated 21.05.2020, PIL (Suo Motu) was registered.

On Tuesday , the Division Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia have been informed by the Advocate General, Assam, D. Saikia that as per direction of the High Court, Demow Police Station has registered a Case under sections 188/323/330/34 IPC and, after investigation, police have also filed final report in the matter.

Considering the fact that final report has already been filed, the Court observed that the matter has to be now examined by the concerned Magistrate in accordance with law.

“We are of the opinion that as the procedural mechanism under the law have already been invoked and the matter is now before the concerned Magistrate, who has to now pass orders based on the relevant materials before him, but the pendency of the PIL will not serve any useful purpose. We, therefore, close the PIL,” the order reads.

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