Briefs Facts 

In the Matter of Rafikul Mondal v. State of Assam, The Court was made aware of media reports regarding the detention of a woman carrying a child at the Bilasipara Police Station and the investigation that followed1.

Analysis of Court Decision 

Despite the fact that two prior FIRs had already been filed in connection with the killing of Baser Ali, the divisional bench of Gauhati High Court Chief Justice Sandeep Mehta and Justice Devashis Baruah strictly observed that officers of the Bilasipara Police Station created a post-investigation FIR on May 31, 2023.

The Court stated that it was obvious as day that the FIR was filed in an effort to somehow legitimise the arrest of the woman who is currently in custody. The Court emphasised how completely out of step this method is with the fundamentals of criminal law. The court ordered the enquiring officer and the investigating officers to expeditiously conduct further proceedings and submit the most recent factual report for the court’s review on June 21, 2023, taking note of the preliminary investigation into the conduct of the concerned officers under the supervision of the Director General of Police and the transfer of the concerned officers, including the Superintendent of Police.