The Sub-Divisional Judicial Magistrate (SDJM) of Titabar has rejected the final report submitted by police in a high-profile suicide case involving allegations against senior Assam police officials. The court directed a re-investigation to ensure public confidence, accountability, and transparency.
The directive came in response to a protest petition filed by Rimly Gogoi Saikia, the elder sister of the deceased, Dipankar Gogoi, seeking justice.
On December 27, 2023, a day after Dipankar’s body was found hanging from a tree behind his father’s house, Saikia filed a case at Titabar Police Station accusing then Jorhat Superintendent of Police (SP) Mohan Lal Meena and Titabar SDPO Kakoli Patgiri, among others, of abetment to suicide and torture.
In its detailed order, the court cited the landmark judgment in Bhagwat Singh vs. Commissioner of Police (AIR 1985 SC 1285), stating that it has the authority to either accept the report and drop proceedings, take cognizance of the case, or direct a fresh investigation.
“Fair investigation is essential for a fair trial, a constitutional right,” the court noted. “If the cries of victims are ignored, the democratic framework of justice will collapse.”
The court emphasized the importance of public perception of justice, pointing out that the accused officers held administrative control over the investigating officer, which could compromise the integrity of the inquiry. It further noted that the principle of justice requires not only fairness but also the appearance of fairness.
Allegations of Police Torture and Abuse of Power
According to the protest petition, Dipankar was allegedly picked up multiple times by Titabar police between December 22 and December 25, 2023, and subjected to severe physical and mental torture.
The complainant alleged that during interrogation at the Jorhat police station, SP Mohan Lal Meena pointed a service revolver at Dipankar and threatened to kill him unless he confessed to planting a bomb at Lichubari on December 14, 2023.
Dipankar’s family claimed he was brutally beaten and administered medication and ointments by the police to treat injuries inflicted during custody.
On the night of December 25, Dipankar returned home visibly weak, dragging his feet, and crying. He reportedly expressed his inability to endure further torture and stated that his dreams of joining the police force had been shattered. Hours later, he was found dead, hanging from a tree.
Discrepancies and Alleged Cover-Up
The family accused the police of procedural lapses and high-handedness. They claimed that after discovering Dipankar’s body, the SDPO arrived with a police team and restricted access to the scene. Injury marks were allegedly visible on Dipankar’s body, and the complainant provided a video recording as evidence.
The protest petition further argued that Dipankar’s detention violated due process, as no case had been registered against him. Instead, he was repeatedly held overnight and released before the 24-hour detention limit.
Court’s Observations
The SDJM directed the Jorhat SP to assign a senior officer to conduct a re-investigation, emphasizing adherence to constitutional morality and transparency. The court also stressed the need for public trust in police accountability, stating:
“Justice must not only be done but must also be seen to be done. Any investigation lacking visible fairness deteriorates public trust in the police, leading to social instability.”
Background
On December 26, 2023, Assam DGP G.P. Singh had tweeted about an ongoing inquiry into Dipankar’s suicide, including an analysis of CCTV footage, procedural compliance, and medical examination reports. The police assured the public of their commitment to following due process.
The court has directed the submission of the case diary and its order to the Jorhat SP for immediate action.
The case has sparked widespread concern over police accountability and alleged misuse of power, with demands for justice growing louder across Assam.
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