Guwahati: Expressing its displeasure over the role of police in its massive crackdown on child marriages, the Gauhati High Court on Tuesday asked the Government counsel why were they trying to create havoc in the personal lives of people. The High Court also questioned the police and the State Government over the issues of alleged unnecessary custodial interrogation of the accused and imposing the stringent POCSO Act on them.
A bench of Justice Suman Shyam of the High Court expressed deep displeasure over the process of the police investigation for the recent anti-child marriage drive by the government during the hearing of a case. The bench said these are not cases where the accused must be examined in custody.
When the government advocate opposed the bail plea of the accused, the bench asked him what would they get by interrogating the accused in custody adding that the police should investigate the case and file a chargesheet. " The court will decide who is guilty," it said asking the government if those were NDPS, smuggling, or theft cases.
Noting that child marriage is a serious issue, Justice Shyam said that the court will make an observation at the right time. The bench also asked whether it is necessary to keep those arrested in custody. "We will direct them (the accused) to appear (before the police) for deposition. Where is the need for custodial interrogation in these cases?" it added.
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When the Government counsel opposed the bail pleas of the accused, Justice Shyam shot back asking why does he assume that the court will not examine charges just because the accused is booked under POCSO. ''POCSO? What is POCSO? You can make any charges. Why do you assume that judge will not see what is in it just because the POCSO is imposed?'' asked Justice Justice Shyam.
During the hearing of the bail applications of the accused in child marriage cases, the bench sought the opinion of senior advocate Anshuman Bora, who was then in the courtroom. Bora agreed with the bench's observations and said, "These are not criminals. What is the need for arrest? The police can file a chargesheet or send appropriate messages to make the public aware.''
In this context, Justice Shyam asked the government advocate, ''Why are you trying to create havoc in the personal lives of people? They have families at home, children, and old people. ''
It may be recalled that the High court granted bail to one of the accused in the child marriage case and anticipatory bail to the nine accused. The court directed the police to submit the case diary in cases of those granted anticipatory bail on March 13.
