Court issues non-bailable warrant against absconding sub-inspector

From a Correspondent

JORHAT, August 9: The issue of a non-bailable Warrant of Arrest (NBWA) by the Additiol Chief Judicial Magistrate, Barpeta against an accused Tulumoni Duwara, Sub-Inspector of Police at present posted in Jorhat Sadar police station, has created sensation in Jorhat after the SI reportedly fled from the dock of the court during recess. Ever since then the SI has been absconding and is believed to have approached the Gauhati High Court for an interim relief from the impending Warrant of Arrest.

The SI had maged to flee from the dock of the Barpeta Court of the Additiol Chief Judicial Magistrate C.R Saikia during an ongoing hearing session in connection to case no 528/2012 U/S 302 IPC wherein SI Tulumoni Duwara was accused of killing one Jahangir Alom in a fake encounter and later tried to brand the deceased as a member of a gang of vehicle lifters. But later during the hearing session when it became imminent that the order was likely to be cancelled paving way for the SI’s arrest, the accused fled from the court room.

The court of Additiol Chief Judicial Magistrate CR Saikia, while taking a tough stand against the officer in the order, has written, “The complaint is present through Hajira. Accused Tulumoni Duwara appears vide petition no 5369/16 and prays for allowing him to go on bail. The accused has submitted copy of order passed by honourable High Court on 1-8-2016 in CR petition no 574/16 besides seeking permission to submit decision of honourable Supreme Court and High Court for considering the prayer of bail of the accused which the court grants. In the meantime, the court takes a break of 20 minutes at 1:40 PM. After that the court resumes to pass order of the case. Learned counsel for the accused gives a submission that accused was not found and that the accused went to the toilet. After few minutes, when the accused failed to appear before the court, it was intimated that the accused had fled away from the court.”

The order further states, “It is on record that accused Tulumoni Duwara is currently serving at Jorhat Sadar PS as SI. He appeared before the court today along with the direction of the Gauhati High Court but he has fled away from the dock of the court with full knowledge of consequences of law. Being a Sub-inspector of Police, accused Tulumoni Duwara had intentiolly and deliberately violated the direction of the honourable high court and has also violated the procedures of law by fleeing from the dock. For such negligent behaviour and attitude accused Tulumoni Duwara should face appropriate action of law. Further, from the deliberate violation of procedure of law, the court gathers its opinion that being a police officer he is not at all amendable to law.”

The court has directed both the DGP of Assam Police and the Superintendent of Police of Jorhat for taking appropriate action against Tulumoni Duwara for breach of procedures of law but incidentally the SI, who is now absconding, is far from the reach of the Jorhat police.

However, sources on condition of anonymity has informed about seeing the SI in the Rajabari area on Friday and Saturday. Other sources in the police department informed about the SI being on leave till August 9.  Now what action will the Jorhat Police take against its own officer in the wake of the court order after the expiry of the SI’s leave is being widely speculated? Many believe that the Jorhat police is being lenient in dealing with the SI and have posed questions about whether the same would have been meted out to an ordiry citizen had he/she been absconding under an NBWA or do police officers enjoy impunity from law as well as senior police officials?