D K DEB ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, indeed the controversy which is involved is narrowed down in view of the submission made by learned counsel for the petitioners, Shri N. Dutta, as, according to him, the main question which now remains to be considered is in regard to the custody of Judicial record during the pendency of proceedings before the Criminal Courts.

(2.) In Civil Rule No. 241(HC) of 1991, it appears, some allegations were made that the Judicial record in the custody of the police were tampered with. In connection with such allegation the Chief Judicial Magistrate, Kamrup, Guwahati was directed to conduct an enquiry as to whether the Judicial records were tampered with or not and to fix the responsibility. We are, however, not concerned with that aspect of the matter.

(3.) However, in the order dated 16-6-93 passed by this Court in Civil Rule (HC) 241 of 1991, anxiety was expressed about the institution of Police Inspector attached to Criminal Courts and the practice in the State of Assam that such Police Inspectors being in charge of the Court records and property. It was thought that the Criminal Courts should make their own arrangement for custody of records and property. Notices were issued to the Advocate General of all the States under the Jurisdiction of this High Court and some committees were also constituted. It was later on indicated that the State Government had been examining the matter for amendment of the provisions of the Police Manual as well as the proposal of creating a separate Directorate of Prosecution for the purpose. A Committee of senior Judicial Officers was also constituted, which was provided with the questionnaire prepared by the Ministry of Home Affairs.