Supreme Court Orders Assam Government to Share Inquiry Reports in Custodial Torture Case

In a significant development concerning police accountability and custodial violence, the Supreme Court of India on September 25 directed the Assam Government to produce all relevant General Diary (GD) entries, CCTV footage from the police station, and the entire record of proceedings from the Gauhati High Court. The order came in a Special Leave Petition (SLP) challenging the High Court's refusal to order a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of Dipankar Gogoi, who died by suicide after repeated detention and torture by police personnel.

The bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing arguments from Advocate Shahrukh Alam, appearing for the petitioner—Rimly Gogoi Saikia, the sister of the deceased. The Court was informed that the CBI had not yet filed its counter affidavit. The petitioner’s counsel highlighted that three separate inquiries had been conducted—by the Gauhati High Court, an amicus curiae appointed by the High Court, and the Police Accountability Commission—but none of the reports had been shared with the petitioner.

A Death in Custody: The Case of Dipankar Gogoi

The case stems from events in 2023 when Dipankar Gogoi was allegedly subjected to repeated illegal detention and third-degree torture by personnel of the Titabar and Jorhat Sardar police stations. The torture was reportedly carried out under the direct supervision of the then Superintendent of Police (SP) of Jorhat, in connection with a grenade blast near an Army cantonment at Lichubari in December 2023 and Gogoi's alleged links with the banned United Liberation Front of Assam (ULFA). The petitioner claims that the continuous physical torture and mental humiliation drove Gogoi to commit suicide.

Following a complaint by the petitioner, an FIR was registered against the then SP. However, the petitioner alleged that the state police investigation was marred by bias and conflict of interest. The Sub Divisional Judicial Magistrate (SDJM) rejected the first final report filed by the police and directed a reinvestigation by senior police personnel. A second final report was filed on April 30, 2025, but the petitioner contends it violated the Magistrate’s earlier order as no senior-ranking officer was appointed. Based on the second report, the Magistrate ordered the registration of a complaint case.

High Court’s Controversial Decision

In the meantime, the petitioner approached the Gauhati High Court seeking transfer of the investigation to the CBI or the constitution of a court-monitored Special Investigation Team (SIT). The High Court appointed an amicus curiae, who orally reported that the case diary had been tampered with by the police. Despite this, the High Court dismissed the petitioner’s plea on September 19, 2025, refusing to order a CBI investigation or grant compensation.

The Supreme Court noted that the High Court’s order was under challenge, and the petitioner had raised serious concerns about the integrity of the investigation. The plea argued, "It is respectfully submitted that in a case involving serious allegations of custodial torture by senior police officers leading to death—where the state investigation is vitiated by bias, conflict of interest, and tampering—the High Court ought to have exercised its extraordinary jurisdiction under Article 226 to direct a CBI investigation or constitution of an independent SIT, so as to restore public confidence and ensure justice."

Apex Court’s Intervention and Directions

During the hearing, the Supreme Court expressed concern over the lack of transparency. Advocate Shahrukh Alam submitted that despite three inquiries—including one by the High Court itself and another by the amicus—the petitioner had no access to any of the records. The Police Accountability Commission’s report was also not shared.

The Court immediately ordered that all three inquiry reports be shared with the petitioner’s counsel. The respondent counsel objected to sharing the amicus report, but the Court dismissed the objection and directed that the entire record be produced. The bench observed, "Secure the entire record on the file of the Gauhati High Court . Learned counsel for the State shall also place on record all relevant materials, GD Diaries, along with the CCTV footage by way of pen drive. Interim order to continue."

The Court had earlier issued notice to the Assam Government and five accused police officers, and allowed the petitioner to implead the CBI as a party. It also stayed proceedings before the Sub Divisional Judicial Magistrate pending further orders.

Legal Implications: Balancing Police Accountability and Fair Investigation

This case raises fundamental issues under Article 21 (right to life) and Article 226 (writ jurisdiction) of the Constitution. The Supreme Court’s intervention underscores the judiciary’s role in ensuring that investigations into custodial violence are free from bias and institutional cover-ups. The direction to share inquiry reports and produce CCTV footage is a crucial step toward transparency, especially when the state police are themselves accused of tampering with evidence.

Legal experts note that the case could set a precedent for how courts handle allegations of custodial torture by senior police officers. The refusal of the Gauhati High Court to order a CBI probe, despite evidence of tampering, has been criticized as a failure to protect the right to a fair investigation. The Supreme Court’s interim order staying the trial court proceedings also prevents any premature closure of the case.

The Road Ahead

The CBI has yet to file its counter, and the Assam Government must now produce the GD diaries, CCTV footage, and all inquiry reports. The next hearing will likely examine whether the state police investigation was indeed compromised and whether the CBI or an independent SIT should take over. The outcome will have far-reaching implications for police accountability in Assam and across India.

For the legal community, this case serves as a reminder of the judiciary’s willingness to intervene when state mechanisms fail. The Supreme Court’s insistence on sharing all records with the petitioner also reinforces the principle of open justice and the right of victims’ families to access information in cases of custodial violence.

As the matter progresses, all eyes will be on the CBI’s response and the contents of the inquiry reports. The allegations of tampering with the case diary, if proven, could lead to serious consequences for the police officers involved. For now, the Supreme Court has ensured that the investigation remains under judicial scrutiny, offering a glimmer of hope for justice in a case marked by tragedy and institutional failure.