HC move to tighten crimil justice

Chief Justice issues circular for immediate filing of FIRs, pelties for errant cops

Our Bureau

Guwahati/ Tangla, July 4: Despite court orders and instructions from the State Home department, complaints regarding police officials either refusing or delaying to register FIRs continue to pour in.

This deplorable trend has prompted Gauhati High Court Chief Justice (acting) KS Rao to issue a fresh circular, directing that in case the OC of a police station does not register an FIR, departmental and crimil action should be initiated against him by the Superintendent of Police.

To streamline the registration of FIR, Justice Rao has further directed that the FIR should be registered as soon as it is received and to ensure that it is done, he has directed that henceforth the FIR should be sent to the Chief Judicial Magistrate of the district on the same date. "Delay, if any, in sending the FIR, it has been made clear, would make the OC liable for departmental action like suspension from service etc," the circular said.  

The Chief Justice has also issued a slew of directions to streamline the crimil justice system in Assam.

In most cases, accused persons escape the clutches of law because of defective investigation. At times, the defect is caused negligently and at other times deliberately. Having noted this disturbing trend, the Chief Justice has issued a number of directions to Superintendents of Police, Officers-in Charge of police stations and Investigating Officers, so that the victim gets justice in court and the guilty does not escape because of defects at the investigating stage.

The CJ has specifically directed that investigation should be conducted properly and scientifically and stressed on using technology available at Forensic Science laboratory, using fingerprint experts, forensic doctors etc. to ensure a fool-proof investigation.  It also needs to be pointed out that the CJ has directed all SPs to persolly supervise investigations in serious cases such as rape, murder, kidpping etc. and ensure that victims gets their due under the law.

One of the circulars dated September 24, 2014, was issued following observations made in an order by a judicial court in Udalguri. The circular of Assam Police headquarters had directed all IOs to submit photograph of the accused and his mobile phone number along with the charge-sheet.

The Gauhati High Court has also re-circulated four old orders to all the judicial officers in Assam for its compliance.

Other three circulars pertain to the directions of the Chief Justice and mandate that they be scrupulously followed, or else pel and departmental action would be invited.