Gauhati High Court sees 'irresponsibility' on part of investigator

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Ajai Lamba and Justice Manish Choudhury has directed the Home Secretary, Assam to take cognizance of the Court's May 5, 2020 order in the context of the investigation record of Sivasagar Police Station case (897/2018) and do the needful in compliance with the order passed by the court.

According to the affidavit of Sivasagar Superintendent of Police Amitava Sinha sworn in on June 16, 2020 as filed in paragraphs 10 and 11 of the High Court's order issued on May 5, 2020 – "the accused were granted bail passively because provisions of POSCO Act were not added. On account of conduct of the said officers/officials of the Investigating Agency, the minor girl was exposed to proceedings in a normal court, rather than before a Special Court constituted for such purposes with appropriate safeguards provided for such victims. The rights of the victim have been adversely affected by such misconduct of the investigating officer (IO).

"For proceeding against the investigating officer, the Superintendent of Police, Sivasagar, shall not take into account the statement of the victim recorded on oath as P.W. 4 (prosecution witness) in the trial court on July 5, 2019."

The bench said that directions issued by this court were to the Superintendent of Police, Sivasagar to inform the Court as regard action taken against the investigating officer on account of whose conduct the accused were granted bail, possible because POCSO provisions were not added. It was further directed that a proceeding against the investigating officer, the Superintendent of Police would take into account the statement of the victim recorded on oath in the Trial Court on July 5, 2019. As a corollary of the order, it was reasonably expected of the Superintendent of Police, Sivasagar to refer the matter along with copy of the order to the appropriate disciplinary authority for compliance of the order of the Court. State counsel was required to apprise the Court as regard action taken by the appropriate disciplinary authority under the Service Rules. "We find it highly irresponsible on the part of the respondent prosecuting agency to have not done the needful and have only waste time of the Court," the order said.

The order also asked the State Home Secretary, Government of Assam to file an affidavit before this Court on or before August 24, 2020 when the case will be heard next. "Noncompliance shall invite exemplary cost to be deducted from the salary of the officer who is found responsible in wasting time of the court," the Court said.

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