GUWAHATI, March 10 � The Court of Chief Judicial Magistrate, Kamrup, today directed the police to register the case filed against Chief Minister Tarun Gogoi and State Revenue Minister Prithivi Majhi in connection with the Pranab Boro self-immolation case.
The FIR was filed by Purnima Boro, wife of Pranab Boro, who resorted to self-immolation in front of the State Secretariat on February 24.
The court took strong exception to the investigating officer Biren Chandra Deka for not registering the case and directed Senior Superintendent of Police (City) AP Tiwari to take stern action against him for refusing to register the First Information Report (FIR) in spite of it disclosing commission of a cognizable offence.
Section 154(1) of the CrPC postulates mandatory registration of an FIR on receipt of information disclosing commission of a cognizable offence.
The FIR alleged Chief Minister Gogoi and Revenue Minister Majhi were directly responsible for Pranab Boro, a KMSS activist, resorting to self-immolation on the issue of land patta.
Advocates Bijon Mahajan and Shantanu Barthakur have, meanwhile, filed a bail petition with the Gauhati High Court on behalf of KMSS president Akhil Gogoi and five other KMSS activists who are presently in judicial custody. Akhil Gogoi and five others were arrested on March 2 based on an FIR filed by the OC of Dispur Police Station.
The court today also observed that the investigating officer while dealing with the case, acted in complete contravention of the law.
�The subject of the FIR itself goes to show that it is a complaint made with regard to the instigation to commit suicide by a person, which is an offence of abetment of suicide punishable U/S 306 of the IPC and the same is a cognizable offence. The officer-in-charge of the Dispur Police Station instead of registering a case forthwith as mandated by the law, went on to conduct a preliminary inquiry, which is not permissible in law,� the court noted.