Supreme Court Seeks Assam Govt Response On Plea For CBI Probe Into Alleged Custodial Torture

The Supreme Court recently issued notice to the Assam Government and five accused police officers in a plea filed challenging the Gauhati High Court's order refusing an investigation by the Central Bureau of Investigation into the alleged custodial torture of one Dipankar Gogoi.

A bench comprising Justice Sanjay Kumar and Justice K. Vinod Chandran issued notice on April 24 and allowed the petitioner, the sister of the deceased, to implead CBI as a party. It has also stayed the proceedings before the Sub Divisional Judicial Magistrate for the time being.

As per the brief facts, the petitioner has challenged the High Court's order dated September 19, 2025, wherein it refused her prayer for transfer of the investigation to CBI, a court-monitored investigation, along with a grant of compensation.

The petitioner has made serious allegations that the deceased, Gogoi, was subjected to repeated illegal detention and third-degree torture in 2023 by personnel of Titabar and Jorhat Sardar Police stations, under the direct supervision and involvement of the then SP, in connection with a grenade blast near an Army cantonment at Lichubari in December 2023 and his alleged association with the banned United Liberation Front of Assam.

It is claimed that because of the continuous physical torture and mental humiliation, the deceased died by suicide.

The petitioner lodged a complaint leading to the registration of the First Information Report against the then SP. It is stated that the investigation led by the State police was marred by bias. Therefore, the Sub Divisional Judicial Magistrate rejected the first final report filed by the police and directed a re-investigation by senior police personnel.

Then, a second final report was filed on April 30, 2025, but it is alleged that it was in violation of the earlier order of the Magistrate, as no senior-ranking police officer was appointed. But based on the second report, the Magistrate ordered the registration of a complaint case.

In the meantime, the petitioner had already approached the High Court seeking the transfer of the investigation. The High Court appointed an amicus curiae, who, in his report, orally stated that the case diary had been tampered with by the police as stated in the special leave petition. Ultimately, the High Court dismissed the plea raised by the petitioner.

"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,” the plea stated

Case Details: RIMLY GOGOI SAIKIA v. STATE OF ASSAM & ORS.|SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 17597/2026

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Appearances:For Petitioner(s) : Ms. Shahrukh Alam, Adv. Mr. Arif Md. Yasin Jwadder, Adv. Ms. Deeksha Dwivedi, Adv. Ms. Kanupriya, Adv.