Gauhati High Court orders Bharalamukh PS to treat complaints as FIR

Case of torture in police custody

STAFF REPORTER

GUWAHATI: The Gauhati High Court has taken cognizance of an alleged case of torture in police custody of an individual named Manoj Kumar Upadhyay in the Bharalamukh Police Station in 2018. A Division Bench of the High Court has consequently directed the Bharalamukh Police Station to treat the complaints submitted in this regard by the victim to Director General of Police (DGP), Assam and the Deputy Commissioner of Police, Guwahati, as an FIR and take appropriate action in the matter as mandated by law.

The Bench observed during hearing of a Writ Petition filed by Upadhyay: "Considering the nature of the case we are not inclined to keep this matter pending and we intend to dispose of the petition at this stage inasmuch as the principal respondents have not filed their response in spite of serving of the notice long back on 12.10.2018".

The Writ Petition mentioned inaction on the part of the authorities concerned in taking cognizance on the allegations made by the petitioner to the effect that during his detention for three days in police custody from June 9, 2018 in connection with a case (under Sections 120(B)/294/507/509/34 of IPC read with Section 67(A) of the Information Technology Act, 2000), he was subjected to custodial torture and accordingly, he submitted an application before the Director General of Police, Assam as well as the Deputy Commissioner of Police, Guwahati for taking appropriate action in the matter.

The Bench noted that the petitioner had earlier shown the injuries sustained at the hands of the police to the Magistrate concerned during hearing of his bail application, and he was subsequently granted bail by the Magistrate.

The Bench further cited an earlier judgment of the Supreme Court regarding the necessity of the police registering FIRs on the basis of complaints received from citizens, and observed: "Under the circumstances, we are prima facie satisfied that the petitioner has been able to make out a prima facie case that he has been subjected to physical harassment/torture, which is a cognizable offence".

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