Assam lawyer claims harassment by Meghalaya Police over "illegal" FIR, writes to DGP

Assam lawyer claims harassment by Meghalaya Police over "illegal" FIR, writes to DGP

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GUWAHATI: Senior Assam lawyer Upamanyu Hazarika’s family members are allegedly being harassed by Meghalaya police in connection with a ‘false’ case.

Releasing a statement, Nongpoh Police of Meghalaya has registered a case against him for alleged defamation through means of a document widely circulating on social media.

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Dashing a letter off to Meghalaya's DGP, Hazarika stated “On the basis of this false and maliciously registered case, Nongpoh police have repeatedly turned up at my mother’s residence in Guwahati, purportedly to ask some “questions” relating to the said investigation. However, before doing so, he has neither informed the Superintendent of Police, Kamrup (Metro), or the Officer-in-Charge of the local police station, as he was bound to do so. This is in gross violation of all established norms and regulations of criminal investigations.”

"Since the offense of “defamation” made out under section 499/500 of the Indian Penal Code, 1860 is a non-cognizable offense, under the provisions of section 155 of the CR.P.C. no police officer can investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial. However, in spite of the clearly laid down provisions of law, the aforesaid officer has proceeded to register a P.S. case on the basis of an FIR which is clearly impermissible,” Hazarika added, urging the DGP to carry out an investigation into the matter.

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Police have slapped charges under sections 120B/500 of the Indian Penal Code r/w section 174 of the Information Technology Act, 2000 against Hazarika, stated the lawyer.

Police have allegedly accused Hazarika of circulating a ‘controversial’ document having allegations of graft and illegal nexus between the ‘Mining Mafia’ and elected officials.

The seasoned lawyer also claimed that a police officer was harassing his 79-year-old mother by his repeated and persistent visits.

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