Gauhati High Court
Xxxx vs In Re - State Of Assam And 7 Ors on 7 February, 2023
Page No.# 1/8
GAHC010098092019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/2/2019
XXXX
GUWAHATI, ASSAM
VERSUS
IN RE - STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY, JANATA BHAWAN, DISPUR,
GUWAHATI - 781006
2:STATE OF NAGALAND
REPRESENTED BY THE CHIEF SECRETARY
NAGALAND CIVIL SECRETARIAT
KOHIMA - 797004
3:STATE OF MIZORAM
REPRESENTED BY THE CHIEF SECRETARY
MIZORAM SECRETARIAT
AIZWAL - 796001
4:STATE OF ARUNACHAL PRADESH
REPRESENTED BY THE CHIEF SECRETARY
CIVIL SECRETARIAT
ITANAGAR - 791111
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
POLICE HEADQUARTERS
ULUBARI
GUWAHATI - 781001
6:THE DIRECTOR GENERAL OF POLICE
NAGALAND
Page No.# 2/8
POLICE HEADQUARTERS
P.R. HILL
KOHIMA - 797001
7:THE DIRECTOR GENERAL OF POLICE
MIZORAM
POLICE HEADQUARTERS
KHATLA
AIZWAL - 796001
8:THE DIRECTOR GENERAL OF POLICE
ARUNACHAL PRADESH
POLICE HEADQUARTERS
CHANDRANAGAR
ITANAGAR - 79111
Advocate for the Petitioner : MR S S DEY, SR ADV
Advocate for the Respondent : MR. T C CHUTIA, (R-1 AND 5)
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
07.02.2023
(AM Bujor Barua, J)
Heard Mr. HK Das, learned counsel for the Gauhati High Court. Also heard
Ms. M Bhattacharjee, learned Additional Senior Government Advocate for the
State of Assam, Mr. BD Goswami, learned Additional Advocate General, for the
State of Arunachal Pradesh, Mr. A Kalita, learned Additional Advocate General,
State of Mizoram, Ms. M Kechi, learned Government Advocate, State of
Nagaland, Mr. B Sharma, learned CGC and Mr. M Phukan, learned Public
Prosecutor, Assam.
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2. This PIL (Suo Moto) is registered as per the order dated 11.03.2019 of the
Hon'ble Supreme Court in WP(C) No.183/2013 in Manish Kumar Vs. Union of
India and Others. In the said writ petition, an interlocutory application
No.02/2013 was filed with the following prayers:
A. Direction to all the States & Union Territories to constitute Police
Commission to deal with allegation of police action, redressal of
grievances of police and to make recommendations for the welfare of the
police force.
B. Directions to the States to formulate and implement the
guidelines for prevention and control of violent mass agitations and
destruction of life & property, in terms of the guidelines suggested by
this Hon'ble Court in the decision reported as 2009(5) SCC 212.
C. Directions to the States and Union Territories to fill up the vacant
posts in the Police and State Armed forces so that the police forces does
not remain overburdened.
D. Directions to all the States and Union Territories to provide for
periodic training and upgradation of police force and to fix the working
hours for the police personnel.
E. Direction to the Union of India to prescribe guidelines for the
Media Reporting of the violent mass agitation and police action for
prevention and control thereof.
F. Order or Direction restraining the States from drawing a
presumption against the action of police acting under the constitutional
and statutory obligations.
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3. The Hon'ble Supreme Court having felt that the issues are State specific,
accordingly required the respective High Courts to register Suo Moto Public
Interest Litigation and to monitor the prayers as indicated above from time to
time.
4. With regard to the prayer No. A for a direction to the State and Union
Territories to constitute Police Commission to deal with allegation of police
action, redressal of grievances of police and to make recommendations for the
welfare of police force, we take note of that in respect of the State of Assam, a
Police Commission is already in existence and functioning. In respect of the
State of Arunachal Pradesh, a direction has been issued in the order dated
23.08.2022 in PIL 09(AP)/2022 for constituting a Police Commission. It is stated
that in respect of the States of Nagaland and Mizoram a Police Commission is
yet to be constituted.
5. The Home Secretaries of the States of Arunachal Pradesh, Mizoram and
Nagaland to file individual affidavits stating in detail and also providing the time
line within which a Police Commission in the respective States would be
constituted. If the respective States feel that there is any impediment in
constitution of the Police Commission, the same be also stated in the affidavits
to be filed. The affidavits for the aforesaid prayer be filed within a period of two
weeks and the matter would be considered accordingly.
6. In respect of prayer No. B for issuing a direction to the States to formulate
and implement the guidelines for prevention and control of violent mass
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agitations and destruction of life & property, in terms of the guidelines as
suggested by the Hon'ble Supreme Court in its judgment in Destruction of
Public and Private Properties, In RE Vs. State of Andhra Pradesh and Others
reported in (2009) 5 SCC 212, we have noticed that certain guidelines in
paragraph 32 of the said judgment have been laid down by providing in
paragraph 33 that the suggestions are extremely important and they constitute
sufficient guidelines that need to be adopted. The respective State Governments
of the State of Assam, State of Arunachal Pradesh, State of Mizoram and State
of Nagaland through their Home Secretaries to file their individual affidavits
stating as to what action had been taken for implementing the guidelines as
provided by the Supreme Court in Destruction of Public and Private Properties
(supra) and whether there is any impediment in implementing the guidelines.
The said affidavit be also filed within two weeks.
7. In respect of the prayer No.C for a direction to the States and Union of
Territories to fill up the vacant posts in the Police and State Armed Forces so
that the Police forces do not remain overburdened, the Secretaries of the
respective Governments in the Home Department to file separate affidavits
stating in detail the present number of vacancies of sanctioned posts of
personnel in the Police force and the State Armed forces that are available and
as to why the vacancies are yet to be filled up and whether there is any legal
impediment in doing so and also to further provide the time line and the road
map under which the aforesaid vacancies would be filled up. The affidavits be
also filed within a period of two weeks.
8. In respect of the prayer No. D for a direction to all the States and Union
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Territories to provide for periodic training and upgradation of Police forces and
to fix the working hours for the Police personnel, we take note that in respect of
the State of Assam, a judgment dated 31.01.2020 in Crl.Appeal (J) No.111/2016
had already been rendered for separating the investigation wings of the Police
force from the general duty by identifying certain personnel within the Police
force which would be more suitable for the purpose of investigation. Similar
judgment had also been passed in respect of the State of Arunachal Pradesh
vide order dated 23.08.2022 in PIL 09(AP)/2022.
9. Separation of the investigation wings of the Police is of paramount
importance in public interest as well as for the security of the State and also for
effective implementation of the criminal justice system. A judicial notice can also
be taken that many number of criminal trials ultimately acquittals are resulted
because of defective or shortcomings in the investigation and a specialized
training of the investigation wings would do a lot towards public interest to
mitigate such situation. As there is no such judgment presently available in
respect of the State of Mizoram and the State of Nagaland, we request a very
Senior Officer in the Police force in the State of Mizoram and the State of
Nagaland to remain personally present before the Court for a deliberation as to
how separation of the investigation wings can be given its effect and be
implemented.
10. To facilitate the process, a high ranking officer in the Police force of the
State of Assam as well as in respect of the State of Arunachal Pradesh may also
remain personally present.
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11. For the presence of the Senior Police Officers of the respective State of
Assam, State of Arunachal Pradesh, State of Mizoram and State of Nagaland
before the Court for further deliberation, list the matter on 10.02.2023.
12. With regard to the prayer E, the Union of India through the Secretary to
the Government of India, in the Home Department is impleaded as respondent
No. 9 in the present PIL (Suo Moto) petition and Mr. B Sharma, learned CGC
accepts notice on behalf of the said respondent. Extra copies of the PIL Petition
be served upon him. The Union of India to respond in respect of Prayer No. E
for prescribing guidelines for the Media Reporting of the violent mass agitation
and Police action for prevention and control thereof.
13. As regards the requirement of prayer No. F for a direction restraining the
States from drawing a presumption against the action of Police acting under the
constitutional and statutory obligations, the matter would be deliberated on the
subsequent hearing of the PIL (Suo Moto) petition.
14. A copy of this order be furnished to all the learned Government Advocates
appearing on behalf of the States of Assam, Arunachal Pradesh, Mizoram and
Nagaland as well as the learned CGC appearing on behalf of the Union of India
and the learned Public Prosecutor, Assam for further deliberation to be made in
presence of the Senior Police Officers of the respective States.
JUDGE JUDGE
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Comparing Assistant
