Point of Law: when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, prima facie those reasons are relevant and secondly a reasonable conclusion could at all be reached by the police officer that one or the other conditions stated above are attracted. To this limited extent the Magistrate will make judicial scrutiny.

JUDGMENT :

Heard Mr. A.K. Bhuyan, learned Counsel appearing for the petitioner. Also heard Mr. D. Nath, learned Sr. Govt. Advocate, Assam appearing for the respondents/State of Assam and on request, Mr. M. Phukan, learned Public Prosecutor, Gauhati High Court.

2. The scanned copy of the record of G.R. Case No. 19416/2021 along with the case diary of Fatasil Ambari P.S. Case No. 817/2021 is placed before the Court in sealed cover.

RELIEF SOUGHT:

3. By this petition under Article 226 of the Constitution of India, the petitioner, who is the son of a detenue namely Shri Pradip Buragohain, is seeking direction to forthwith set his father at liberty from illegal detention and to issue a writ in the nature of Certiorari declaring the remand order, dated 17.12.2021, passed by the learned Sub-Divisional Judicial Magistrate (S), Kamrup (M) at Guwahati in connection with Fatasil Ambari P.S. Case No. 817/2021 and all its consequential remand orders as unconstitutional and illegal with adequate compensation.

PETIITONER’S GRIEVANCES:

4. The petitioner contended that his father, who was the General Secretary of the Assam Cricket Association (For short ‘ACA’) has been detained since the Officer-in-Charge of Fatasil Ambari Police Station picked up him on 15.12.2021 at 10.30 p.m. from Naharkatiya under Tingkhong Sub-Division, District Dibrugarh, Assam and brought to the said Police Station at Guwahati. The petitioner contended that his father was brought to Guwahati without producing him before the nearest Magistrate or obtaining a transit remand or without any intimation to his family members in violation of Sections 50 and 50A of the Code of Criminal Procedure, 1973 (For short ‘Cr.P.C.’). Thereafter, he was produced before the learned Sub-Divisional Judicial Magistrate (Sadar) [For short ‘S.D.J.M. (S)’] No. 2, Kamrup (M) at Guwahati, on 17.12.2021 at 2.30 p.m., after a lapse of more than 24 hours in connection with Fatasil Ambari P.S. Case No. 817/2021 under Sections 120B/406/409/420/469/34 of the IPC registered on the basis of an F.I.R., dated 06.12.2021, without even furnishing a copy thereof to the detenue and at the time of producing before the learned S.D.J.M. (S) at Guwahati in contravention of Section 57 Cr.P.C.

5. Referring to the order, dated 17.12.2021, passed by the learned Judicial Magistrate, 1st Class, Guwahati, the petitioner contended that while producing the detenue and on enquiry by the said learned Judicial Magistrate, the police officer, who produced him, admitted that though the date in the arrest memo was shown as 16.12.2021, he was detained on 15.12.2021 at 11.15 p.m. and no step was taken to produce the detenue before the nearest Magistrate or apply for his transit remand as well as to intimate his family members about his such detention. However, the petitioner contended that the learned Judicial Magistrate in spite of the aforesaid admission of the police officer did not take any judicial notice of the aforesaid illegalities and perpetuated the illegalities by remanding him in police custody for 2(two) days. Therefore, the petitioner contended that the detention and arrest of the detenue was in complete violation of his indefeasible rights guaranteed under Articles 14, 21, 22(1), and 22(2) of the Constitution and the procedural rights, inter-alia, in Sections 50, 50A and 57 Cr.P.C.

RESPONDENT’S STAND:

6. The respondents No. 1 and 2/the State contested the writ petition by filing an affidavit, dated 29.12.2021, on the grounds, inter-alia, that the petition is bad for non-joinder and/or misjoinder of necessary parties as the Chief Secretary to the Govt. of Assam and Commissioner and Secretary to the Govt. of Assam are impleaded, who are only administrative heads, as respondents although the allegations are made primarily against the police officer responsible for investigation of corruption allegations in Fatasil Ambari P.S. Case No. 817/2021. The writ petition has been filed alleging illegal detention of the petitioner’s fathe