Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Xxx Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

Home
Gauhati HC
2022
Xxx Vs the State of Assam and 4 Ors.Xxx v. the State of Assam and 4 Ors.

Disposed

Xxx v. the State of Assam and 4 Ors.

Gauhati HC5 Sept 2022PIL(Suo Moto)/2/2022

Case brief

AI extract

What is this about?

In this suo moto PIL regarding police atrocities at Paltan Bazaar, Guwahati, the Gauhati High Court directed the State Government to impart citizen-centric training to traffic police. The Court emphasized the need to educate personnel on their rights and responsibilities and constituted a committee with the Assam State Legal Services Authority to ensure these directions are scrupulously followed.

What did the court decide?

Directions to impart citizen-centric training to traffic police, educate personnel on rights and responsibilities, and constitute a committee with ASLSA to ensure directions are followed.

What the court decided

AI extract

Outcome

Directions to impart citizen-centric training to traffic police, educate personnel on rights and responsibilities, and constitute a committee with ASLSA to ensure directions are followed.

Issue for consideration

Whether police personnel handling traffic require training to adopt a citizen-centric approach instead of using force for minor violations. +2 more

Detailed headnote1 paragraphs

The Court held that while police have the authority to control traffic, they must not violate fundamental rights. Directing the State Government to periodically apprise police personnel, especially at traffic junctions, to adopt a citizen-centric approach. It directed the State to impart training on rights, responsibilities, and basic law knowledge, aid with the Assam State Legal Services Authority, and constitute a committee to ensure similar incidents do not recur.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Page No.# 1/6

GAHC010075072022

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

PIL (SUO MOTO) NO.2 OF 2022

XXX

..Petitioner

- Versus -

The State of Assam, represented by the Principal Secretary to the Government of Assam, Home & Political Department, Janata Bhawan, Dispur, Guwahati – 781006.

The Director General of Police, Assam Police Headquarters, Ulubari, Guwahati – 781007.

The Commissioner of Police, Guwahati, M.G. Road, Pan Bazaar, Guwahati – 781001.

The Joint Commissioner of Police (Traffic), Office of the Traffic Police, Pan Bazaar, Guwahati – 781001.

The Officer-in-Charge, Paltan Bazaar Police Station, Paltan Bazaar, Guwahati – 781008.

..Respondents

– B E F O R E – HON’BLE THE CHIEF JUSTICE MR. R.M. CHHAYA HON’BLE MR. JUSTICE SOUMITRA SAIKIA

For the Petitioner : Mr. U.K. Nair, Senior Standing Counsel, Gauhati High Court. Ms. S.S. Hazarika, Advocate.

For Respondents : Mr. R.K. Borah, Additional Senior Government Advocate, Assam.

Date of Judgment & Order : 5^th September, 2022 .

Page No.# 2/6

JUDGMENT & ORDER

(R.M. Chhaya, CJ.)

An alarming letter addressed by Shri Manish Goswami, Advocate, Supreme Court, is the basis of the present suo moto Public Interest Litigation against the police atrocities, which took place at Paltan Bazar, Guwahati City on 17.03.2022.

2. It has been pointed out in the said letter that on the fateful day, a person was riding a two wheeler alongwith his wife and his three year old child at Paltan Bazaar, Guwahati. On an allegation of a minor traffic violation, the Police Constable on duty, namely, Fakhruddin Ahmed, assaulted the person riding the said two wheeler. Such action of the Constable involved in the incident was captured on camera and had also gone viral on social media.

3. There were allegations and counter allegations for which the bike rider, namely, Shri Biki Prasad Gupta, on a minor traffic infraction of driving on wrong side of the road, a heated argument took place which lead to brawl. The report on the contrary shows that the other police personnel also tried to indulge into similar activities.

4. On cognizance being taken by this Court as a suo-moto public interest litigation, an affidavit-in-opposition was filed by the Deputy Commissioner of Police (Crime), Guwahati, Assam, wherein it is pointed out that an FIR was lodged at Paltan Bazaar Police Station, which came to be registered as Paltan Bazaar Police Station Case No.151/2022 against the bike rider for alleged offences under Sections 294/341/353 and 325 of IPC.

Page No.# 3/6

He has averred in the said affidavit that investigation was carried out and Final Report has been submitted as insufficient evidence against the alleged accused Shri Biki Prasad Gupta and the Final Report has also been accepted by the trial Court.

5. The affidavit further recites that another FIR was lodged by Smti. Poonam Das, wife of Shri Biki Prasad Gupta, which was registered as Paltan Bazaar Police Station Case No.152/2022 under Sections 341/294/325/34 of IPC, which has also been investigated and further investigation is still pending. The respondent authorities have taken departmental action against Fakhruddin Ahmed, the Police Constable against whom the misconduct is alleged and has been suspended from service pending the enquiry. As per the affidavit, the same is at the stage of first show cause notice. The affidavit also recites that Departmental Proceedings have been drawn up against the other two Police Constables involved in the incident, namely, ABI Motiur Rahman and ABI Leela Kanta Das, who joined Fakhruddin Ahmed when the brawl took place on 17.03.2022.

6. Heard Mr. U.K. Nair, learned senior standing counsel, Gauhati High Court, assisted by Ms. S.S. Hazarika, learned counsel for the petitioner. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam, appearing for all the respondents.

7. Mr. U.K. Nair, learned senior standing counsel, Gauhati High Court contended that the purpose and object of initiating this public interest litigation is not just to take action against the erring police personnel but as expressed in the communication, the police personnel are required to be specially trained for the said purpose. Mr. Nair further

Page No.# 4/6

contended that the respondent authorities have not indicated any such aspect in their affidavit-in-opposition and, therefore, appropriate directions are required to be given by this Court.

8. Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam has relied upon the affidavit-in-opposition dated 31.08.2022 filed by the Deputy Commissioner of Police (Crime), Guwahati, Assam and has contended that the respondent authorities have seriously taken the complaint and have taken appropriate action against the erring police personnel. Mr. Borah, however, has submitted that the State Government shall carry out any further directions that may be deemed fit in the peculiar facts of this case.

9. It is no doubt true that the authorities have initiated Departmental Proceedings against the erring police personnel and are also investigating the FIR lodged by the wife of the victim. However, as expressed in the body of the petition, for a trivial traffic offence, the police personnel should not and cannot be permitted to take law in their hands. As rightly expressed by the learned Advocate, who has drawn attention of this Court, we stay in a society where rule of law prevails and, therefore, it is eminently necessary for the respondent authorities to impart appropriate training to their police personnel and make them citizen centric while discharging their duties. In fact, the Final Report submitted in relation to FIR No.151/2022 clearly establishes the fact that the allegations levelled against the victim Shri Biki Prasad Gupta are without any foundation.

10. Police may have the authority to control the traffic but the same cannot be handled as a tool to violate the fundamental rights of the citizen.

Page No.# 5/6

Steps which are taken by the authorities against the erring police personnel do not end the agony of the citizens at large. It is, however, clarified that if there is any breach of traffic rules, the police personnel could have taken action in accordance with law instead of using force on the innocent citizens.

11. This Court is of the opinion that such an incident occurred because of lack of training in police personnel. Though tolerance is a personal capability, the respondent authorities should periodically apprise their police personnel, more particularly on site, and practical training should be given by higher officers of the respondent authorities. The police personnel, who are handling the traffic at traffic junctions, are required to keep citizen centric approach instead of using their might. The respondent authorities are, therefore, directed as under:-

(i) To impart training to all Police Constables, who are handing traffic in cities, more particularly at all district levels, to remain citizen centric;

(ii) The respondent authorities are hereby directed to educate their police personnel about their rights and responsibilities as a public servant;

(iii) Appropriate basic knowledge of law relating to the same should be imparted by conducting trainings of police personnel. The respondent authorities can take help and guidance of the Assam State Legal Services Authority (ASLSA) for the same;

(iv) The State Government should constitute a Committee for the same also consisting of the Member Secretary, Assam State Legal

Page No.# 6/6

Services Authority (ASLSA) in order to avoid any such similar incident in future;

The State to carry out these directions scrupulously and the Member Secretary, Assam State Legal Services Authority (ASLSA), is directed to see that the above directions are carried out in its true letter and spirit.

12. With the above observations and directions, the petition is disposed of.

JUDGE CHIEF JUSTICE

Mukut

Comparing Assistant

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether police personnel handling traffic require training to adopt a citizen-centric approach instead of using force for minor violations.
2.
What directions should be issued to the State Government to prevent police atrocities and ensure proper training.
3.
Whether a committee should be constituted to oversee training police personnel on their rights, responsibilities, and basic knowledge of law.

Parties & counsel

AI extract

petitioner
XXX
respondent
The State of Assam
respondent
The Director General of Police, Assam Police Headquarters
respondent
The Commissioner of Police, Guwahati
respondent
The Joint Commissioner of Police (Traffic)
respondent
The Officer-in-Charge, Paltan Bazaar Police Station

Coram

AI extract

R.M. Chhaya
Soumitra Saikia

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 5 Sept 2022 · September
Registered: 18 Apr 2022
Case no.: PIL(Suo Moto)/2/2022
CNR: GAHC010075072022
Topic: Service and Employment
Bench: Soumitra Saikia
Disposal: Closed

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Soumitra Saikia

Atowar Rahman @ Atowar Hussain and 10 Ors. Vs Minakhsi Sundaram and 63 Ors.
2 Sept 2022Contempt Case (Civil)
Satnam Singh Vs the Union of India and 5 Ors.
2 Sept 2022
Xxx Xxx Vs the State of Arunachal Pradesh and 3 Ors.
2 Sept 2022
Smti Bijaya Sahu, Vs the United India Insurance Co. Ltd. and 4 Ors.
5 Sept 2022
Xxx Vs the State of Assam and 5 Ors.
5 Sept 2022
Luthfa Begum Laskar Vs the State of Assam and Ors.
5 Sept 2022

Cite this judgement

Xxx v. the State of Assam and 4 Ors., PIL(Suo Moto)/2/2022 (GAU), decided on 5 September 2022.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.M. Chhaya and Soumitra Saikia

Parties & counsel