Assam: Vigilantism leads to riots

Tension between communities was brewing in Assam well before devastating ethnic violence in western  part of the state erupted in July-August of 2012. The recent violence claimed about 93 lives excluding many other reported and unreported missing persons and rendered about 500,000 people homeless. It threatened the whole nation of a major flare-up when right wing Hindu political groups and Muslim fundamentalists tried to communalise it and spread it wherever they could. Muslims youths resorted to mayhem in Mumbai in the name of protest against this violence. Mindless campaigns over social media shot off to incite more violence by fanatics of both camps. People of North East India working or studying in other parts of India felt threatened and fled for homes from some west and south Indian cities. 

The tension that was brewing before was absolutely unrelated to what happened in Bodoland between people of Bengali speaking Muslim settlers and native Bodo tribe except that the Hindu Right tried hard to exploit the volatile situation to their advantage. 

It is in the month of April when a sitting Member of Legislative Assembly (MLA) of Assam Dr. Rumee Nath married a Muslim boy while her first marriage subsisted abandoning her 2 year old child that some vigilante groups activated themselves and did everything to polarise particularly the people living in Barak valley, the southern part of Assam. They invoked love jihad and enforced several private curfews-- general strike enforced with coercion -- to mobilise people in religious lines. It led to violence in different places in the valley resulting in injuries of many persons and death of one and destruction of public properties.

Assam based human rights group Barak Human Rights Protection Committee (BHRPC) conducted a fact-finding study and issued a report about the situations and events on 19 July 2012. Though the report is focused on the death of Azizur Rahman in police custody, it also extensively deals with the building up of tensions that led to his death.

BHRPC report on efforts of effecting communal division, riots and custodial death in the aftermath of “conversion and second marriage” of Dr Rumee Nath

An aged person named Mr Ajijur Rahman was picked up from his residence at Kalain under the Katigorah police station in the district of Cachar (Assam) by a raiding police team led by Mr Y T Gyatsu, a probationary Indian Police Service (IPS) officer posted as Additional Superintendent of Police at the Cachar police headquarters at Silchar in the night between 6 and 7 July 2012 and was tortured to death in the lock-up of Kalain police patrol post.

The police team was conducting raids to arrest some persons who were accused or suspects of creating mischief and rioting on and after 4 July in Kalain area. The law and order situation of the area deteriorated due to a call of general strike by the Hindu Jagaran Mancha in protest against alleged police harassment of youths belonging to their community who were suspected of being parts of the mob that assaulted Dr. Rumee Nath and her ‘husband’ on 29 June at Karimganj for her ‘conversion and marriage’ with the Muslim boy. The Mancha was also reportedly protesting against the protests of the supporters of Dr. Nath.

The report:

After the incident the Barak Human Rights Protection Committee (BHRPC) formed a fact finding team comprising of 1. Mr. Neharul Ahmed Mazumder, 2. Mr Sadique Mohammed Laskar, 3. Mr Raju Barbhuiya, 4. Mr Nirmal Kumar Das, 5. Mr Aftabur Rahman Laskar, 6. Ms S Sarmila Singha and 7. Mr Abdul Wakil Choudhury to find out the factors and the situation that led to the death of Ajijur Rahman. The team visited Kalain area on 14 July and met family members and relatives of the victim, victims of rioting and their family and relatives and respectable citizens of the area including president, secretary and members of Kalain Bazaar committee Mr Sukhendu Kar, Mr Karunamoy Dey, Mr Asit Baran Deb and others. The fact finding team also visited the Kalain police patrol post and talked with the officer-in-charge Sub-Inspector of police Mr Anowar Hussain Choudhury and some constables. This report is based on the information collected by the team.

The victim:

The victim Mr Ajijur Rahman was aged about 60 years and a permanent resident of village Boroitoli Part-I, Kalain under Katigorah police station and was respected as a senior local businessman. The place, where his house situates, borders with three villages of Boroitoli, Brahmangram and Lakhipur. He was the head of his family which comprised of his 5 sons Mr Fariz Uddin (aged 42), Mr Sarif Uddin (39), Mr Selim Uddin (30), Mr Nazim Uddin (26), and Mr Mahim Uddin (20), 4 daughters Ms Anowara Begum (32), Ms Monowara Begum (aged 24 and unmarried), Ms Reena Begum  (aged 18 and unmarried), Ms Runa Begum  (aged 15 and unmarried), his wife Ms Saleha Khatun (55) his mother aged about 80 years and the children of his sons. It is a big joint family of people of three generations living together. It appeared that the family belongs to the emergent lower middle class of Bengali Muslims in Barak valley (South Assam).

Place:

Kalain is situated at a distance of about 40 kilometres from Silchar towards west and is a growing semi-urban area serving as a local business centre for the entire West Cachar region. The population of Bengali speaking Hinuds and Muslims are almost equal in number. Hindus have been living mostly nearby the market. Beside these two religious communities, some other people belonging to Manipuri, Bishnupria and Hindi speaking communities are also living in the outskirts. According to the local residents, people of Kalian belonging to different communities have been living harmoniously and in peace and love with each other for times immemorial. However, there were small quarrels and even fighting at times between people belonging to different communities but they were of personal nature and the religions of the parties have had nothing to with them.

Incident:

A huge police team led by Mr Y T Gyatsu raided the house of Mr Ajijur Rahman at about 12.30 in the night intervening between 6 and 7 July. They first cordoned off the house from all sides and then knocked at the doors. The inmates of the house were fast asleep. At the sound of heavy knocks Mr Ajijur Rahman got up and opened the door. A big number of police personnel including a lady constable remained outside the house and four/five of them including Mr Gyatsu went into the house. They asked for Mr Nazim Uddin who was not home at that time. In fact, no other male members of the family were present in the house since they were in hiding. The able male members of all families of the area were hiding themselves in apprehension of indiscriminate arrest and harassment by police in the wake of the rioting. As an aged person Mr Rahman did not feel the need to hide himself.

The police team made all female members to go out of the house and they conducted a search for Mr Nazim Uddin in all rooms including kitchen and bathrooms in vain. They demanded of Mr Ajijur Rahman to tell them the whereabouts of his son or they would send him in jail in place of his son. When he pleaded ignorance of whereabouts of his son Mr Gyatsu hurled a torrent of verbal abuse and started assaulting him. He demanded that Mr Rahman would have to take his son to the police patrol post before 6am. Mr Rahman told that he would not be able to do so since he did not know where his son is and latter’s mobile phone was also off. At that Mr Gyatsu started boxing his ears and the back of his head while dragging him. Member of the raiding police team constable Mr Badrul Islam Barbhuiya, Ms Reena Begum, daughter of Mr Rahman and other eye witnesses told the BHRPC team that Mr Gyatsu did not let the old man to wear even a top under garment. The old man cried and pleaded with Mr Gyatsu not to take him to the police station as he was to go to Mecca in Saudi Arabia for Haj pilgrimage. His wife and daughters also wept uncontrolably and urged the police officers to spare the old man at least for the sake of God since he did not know anything about incidents of 4 July. These beseeching of the helpless was not heeded.

Mr. Mahibur Rahman[1], a neighbour and cousin of Mr Ajijur Rahmn, told the BHRPC team that when he heard of the cries of wife and daughters of the latter he went there and saw that the police was taking him with them. He then sneaked to house of other neighbours Mr. Taj Uddin[2] and Mr. Shahid Uddin[3] and awakened them. They were to move silently since they were themselves very afraid of the police and a prohibitory order under section 144 of the Criminal Procedure Code, 1973 was also in force. Three of them stood at the front side of a house[4] at a distance of about 20 metres from the patrol post to witness what was happening to the old man there. According to them, from that place everything was clearly visible since the doors and windows of the patrol post house were wide open and electric lights were on. They stated that they saw Mr Ajijur Rahman was seated on a red plastic chair. They inferred from the gestures of the police personnel and Mr Rahman that they were talking. Then two personnel coming from two sides kept his thighs in tight grip in a way that rendered Mr Rahman unable to move. And then another police personnel dressed like a higher officer and in his facial and physical features resembling to a tribal man came and placing his one grip at the chin and another on the head twisted the head of Mr Ajijur Rahman with tremendous force. It seemed that the body of Mr Rahman became motionless and loose and his head leaned at the side at which his head was left by the officer. This is also corroborated by Mr Taj Uddin and Mr Shahid Uddin.

According to the police personnel posted at the Kalain patrol post with whom the BHRPC team talked, there were two police officers there at the time who more or less look like tribals. One is Mr Y T Gaytsu and another is Mr L Saikia, the Deputy Superintendent of Police. It appears that the person who twisted the head of Mr Ajijur Rahman is either Mr Gyatsu or Mr Saikia.

According to the above mentioned eye witnesses, after the assault of the officer all people in the patrol post got agitated and a hullabaloo ensued. Two personnel lifted Mr Ajijur Rahman as if they were lifting a dead body and put him in a vehicle which then went away. It was at about 2am.

Mr. Mahibur Rahman further stated that a certain person named Mr AJijur Rahman Khan called him up on his cell phone and informed that a person of his name from Boroitoli was brought to the Kalain Community Health Centre and the physician in-charge of the hospital Dr Sumon Bhomik advised to take him to the Silchar Medical College and Hospital as he could not feel his pulse. Circumstances strongly indicate that Mr Ajijur Rahman  was brought dead and he died due to twisting of his head.

After that the family, relatives and neighbours of Mr Ajijur Rahman tried to find out what happened to him during the remainder of the night and in the morning some of them went to the SMCH and came to know about the death of Mr Rahman with help from local member of Assam Legislative Assembly Mr Ataur Rahman Mazarbhuiya. Autopsy of the body was conducted at the SMCH on 7 July and was handed over to the relatives of the deceased. After performing last rites Mr. Ajijur Rahman was laid to rest on the next day.

The local people were concerned that the post mortem report might not reflect the true causes of death and material facts might be suppressed since the autopsy in India is conducted in a very unscientific, legally improper and unreliable way. Usually someone engaged in manual scavenging cuts the body at the direction of a surgeon who stands at a safe distance and looks at the body from there. The surgeon does not touch the body or examine it otherwise. From that distance he makes a guess and writes down the cause of death based on the guess. In cases of custodial deaths the body remains under the custody and absolute control of the police since before the death until the autopsy report is prepared.

Observing such appalling conditions of autopsy procedure the National Human Rights Commission of India issued guidelines to the states as well as the central government calling for their immediate action to address the lack of transparency while dealing with deaths in custody. The Commission recommended video recording of the inquest as well as the post-mortem of the victim. The Commission has even recommended using a standardised ‘post-mortem examination report form’ by the forensic surgeons. These recommendations however have not been implemented in India in their letter and spirit. Sometimes the procedures may be recorded but the report is not prepared as per the recommended guidelines.

Sharing the concerns of the local people the BHRPC instantaneously on 7 July wrote a letter to the District Magistrate, Superintendent of Police and Superintendent of the SMCH enclosing the NHRC guidelines and urging them to conduct the autopsy as per the guidelines.

The DM also ordered an inquiry into the incident of death to be conducted an executive magistrate. People are of the opinion that it is nothing but an attempt to cover up the case and save the guilty officers and personnel. Executive magistrates are not independent judicial authorities. They are servants of the government and exercise quasi-judicial powers. They usually do not record evidence before the other parties and give parties opportunity to cross-examine the witnesses of the other party in violations of universally recognised rules of judicial procedure. There are reasons, therefore, to believe that their inquiry may not be objective and impartial.

The Parliament of India keeping in view of the lacunae in law regarding inquiry into the deaths in police custody incorporated a subsection (1A) in section 176 of the Criminal Procedure Code, 1973 by section 18 (ii) of the Criminal Procedure Code (Amendment) Act, 2005 providing for an inquiry by a judicial magistrate in addition to the inquiry or investigation held by the police. Although the BHRPC reminded the DM of this mandatory provision it was ignored.

The widow of late Ajijur Rahman filed a complaint at the court of Chief Judicial Magistrate, Cachar on 7 July 2012 under section 302, 506 and 34 of the IPC against Mr Y T Gyatsu and other police personnel. The complaint was sent to the Katigorah Police Station for registration and investigation. It was registered and assigned a case number vide Katigorah PS Case No. 291/12. The Officer-in-Charge of the police station entrusted a Sub-Inspector of police with the task of investigation. There are reasons to suspect the objectivity and impartiality of the investigation officer because he is working under the very persons who have been named as accused in the case.

Background:

As mentioned above, the police team that picked up Mr Ajijur Rahman was conducting raids to arrest some persons who were accused or suspects of creating mischief and rioting on and after 4 July in Kalain area. The law and order situation of the area deteriorated due to a call of general strike by the Hindu Jagaran Mancha in protest against alleged police harassment of youths belonging to their community who were suspected of being parts of the mob that assaulted and brutally beaten up Dr. Rumee Nath and her ‘husband’ on 29 June at Karimganj for her ‘conversion and marriage’ with the Muslim boy. The Mancha was also reportedly protesting against the protests of the supporters of Dr. Nath.

After the call of “bandh” (strike) on 4 July was given by the Mancha some groups in different areas of Barak valley issued a counter call to the people not to observe the bandh because, according to them, frequent strikes are harmful for the business and economy. These groups are thought to be the supporters of Dr Nath. In the morning of 4 July activists of the Mancha went to different parts of the valley to enforce the strike. One of such groups came to Kalain bazaar where they faced resistance from others who wanted the market to function normally.

The bazaar committee, a committee of shop keepers having shops at Kalain, intervened and a tripartite meeting was held among the opposers and supporters of bandh and the committee. The committee offered a compromise proposal after talk with both the parties that the shops could remain closed till 12 noon and then the shops could be opened. Though there were indications of acceptance by both the parties but it could not be finalised as some people of both the parties were adamant in their stands. The members of the committee went to their homes giving up hope of any settlement.

According to the information gathered by the BHRPC, after break down of talks when supporters of the bandh were trying to enforce it forcibly the police raised a barricade and kept most of them outside the barricade. However, they were trying to break the barricade unsuccessfully. With times the situation became very tense. At about 11.30am a mob of Muslim youths came with bamboo sticks and attacked anyone belonging to Hindu communities including shop-keepers and members of the bazaar committee. To face the attack many youths of Hindu communities also came out with sticks. A fight between the communities ensued. Stones were pelted from both sides. Some cycles and motor cycles were burnt down. About 18 people were wounded. They were 1. Mr Sunil Mandal, 2. Mr Sushil Deb, 3. Mr Sumon Deb, 4. Mr Pronit Deb, 5. Mr Sukhendu Kar, 6. Mr Jamal Uddin, 7. Mr Deepak Podder, 8. Mr Titu Baishnob, 9. Mr Buddha Deb Roy, 10. Mr Manna Deb, 11. Mr Sumit Shulkabaidhya, 12. Mr Badrul Islam Barbhuiya, 13. Mr Ranjit Deb, 14. Mr Khalil Uddin, 15, Mr Moin Uddin, 16. Mr Kamrul Haque, 17. Mr Debabrata Paul, 18. Mr Monsur Uddin and others. First six persons sustained serious injuries. Three reporters who went there to cover the situation were also caught in the fight between two communities and received injuries.

According to the local people, had the administration handled it efficiently the situation could be brought under control and the fighting and resulting injuries could have been averted. Executive magistrate Ms Khaleda Sultana Ahmed, DSP (probationary) Mr Iftikar Ali and in-charge of Kalain police patrol post Mr Anowar Hussain Choudhury were present. They failed to handle the mob frenzy. People felt they could take measures including lathi charge and tear gas fire. These measures could disperse the mob. Due to the inability of the authorities to take decisions the fighting intensified.

Towards the evening Additional District Magistrate Mr Borenya Das went to Kalain with a force of Central Reserve Police Force (CRPF) and ordered the police to charge the mob with sticks and fire of tear gas. The mob then got dispersed. The district administration then issued a prohibitory order under section 144 of the CrPC. The situation slowly came under control.

The police registered cases against many named and unnamed suspects who were accused of involvement in fighting on 4 July and started conducting raids of the houses of the people living there to arrest the suspects. It was one of such raids during which Mr Ajijur Rahman was picked up by the police and tortured him to death.

Controversy over ‘conversion and marriage’:

Apart from the mob hysteria that drove the mobs of both communities at that moment, this communal clash resulted from efforts of communalisation of ‘conversion and second marriage’ of Dr. Rumee Nath, encouragement and provocation of youths by a minister of Assam government to take law in their hands and beat up anyone who enters into inter-religious marriage.

Dr. Nath is a Member of Legislative Assembly of Assam (MLA) elected from Borkhola constituency in Cachar district holding ticket from the Congress party. She was earlier also elected from the same constituency as a candidate of the Bharatiya Janata Party (BJP) from which she later defected. She has been married with Mr. Rakesh Singh of Lucknow of Uttar Pradesh and from him she has a girl child who is about 2 years old. It was reported that their matrimonial relation has not been going well for some months.

In the month of April she reportedly got ‘converted into Islamic religion’ and ‘married’ one Jakir Hussain (also known as Jakey) of Badarpur under Karimganj district apparently as per Islamic rules. However, it is reported that the ‘conversion and marriage’ took place in the same sitting. Many Muslim clerics maintained that the marriage was invalid for it was solemnised before observing iddatperiod of three months and therefore her first marriage was subsisting. Validity of her conversion was also under question mark as it was tainted with motives that were not entirely pious. Most intellectuals of the valley also did not take her ‘conversion and second marriage’ pleasantly. According to them, her actions were immature, improper and not befitting of a public figure.

Her first husband filed a case against her and her ‘second husband’ under section 494, 497, 498 and others of the Indian Penal Code, 1860 accusing her of bigamy, (accusing her second husband of) adultery, enticing or taking away or detaining with criminal intent a married woman. She also filed case against her first husband alleging domestic violence.

The BHRPC maintained that right to get converted into any religion is a part of the freedom of conscience and free profession, practice and propagation of religion guaranteed by Article 25 of the constitution of India. Per se inter-religious and inter-caste marriages are also recognised by the Special Marriage Act, 1955 and such marriage should be encouraged as they can promote harmonious communal co-existence and secularism. However, in case of Dr. Nath the things are a little different. She was a married woman with a two years old child. Bigamy or living with another person as man and wife during the subsistence of earlier marriageprima facie amount to offence against the institution of marriage. Abandoning a 2 year old child is cruelty on the child and violation of child rights. These grievances against her could be legitimately vented through legal means and judicial process and which was what her first husband resorted to.

However, some groups including the Hindu Jagaran Mancha exerted themselves to blow it out of all proportion. They conjured up spectre of ‘love jihad’ and started campaign against inter-religious and inter-caste marriages, friendship between girls and boys belonging to different communities and even resorted to vigilantism by raiding parks, restaurants and other public places in search of inter-religious couples and friends and beating them up. Ostensibly this group received encouragement from political leaders who were interested in diving people in religious lines and diverting the attention of the people from the real issues of starvation deaths, corruption, miserable conditions of rural and urban roads and the national highways, human rights violations by police and armed forces etc.

A very influential politician of the ruling congress party in Assam Mr Gautom Roy, Minister for Public Health and Engineering (PHE), at a public function organised to mark 3 years of Assam government issued a call to the public to beat up any boy who marries a girl from a different community and to hand over the girl to her guardians. Provoked and encouraged by this call a mob of more than one hundred youths attacked Dr Nath and her ‘second husband’ at about 10pm on 29 June 2012 at Hotel Nakshatra in Karimganj where she was staying for the night after visiting her constituency. Both of them were brutally assaulted, and according to her, attempts were also made to rape her. After hours a police team rescued them in serious conditions. They were rushed to Guwahati for treatment.

The BHRPC could not confirm any direct links of the minister with the attack on Dr Nath and the mob that attacked her. But it is obvious that his call to beat up such couples definitely encouraged the mob. The comment of the minister is not only against the established constitutional canons of the land and principles of human rights but also a provocation to breach the public order and a call towards further lawlessness and jungle raj. Any person including a minister may disagree with any law and in such cases he should propose repeal or amendment of the law if he is sincere in his opinions. A minister who is part of the party that rules at the central and state governments should have proposed amendment of Article 14, 21 and 25 of the constitution and the Special Marriage Act, 1955 if he sincerely thought that conversion and inter-religious marriages are undesirable. By provoking youths he betrayed his motives.

The attack on Dr Nath is a manifestation of desperate reactions of patriarchy and its interests against the empowerment of women and empowered women. These are attacks on expression of moral agency in women. She was abused and attacked only because she was a woman.

Conclusion:

It is found that Mr Ajijur Rahman was the latest victim of inhumanity and brutality of the police which they sometimes without any rhymes and reasons unleash on the very people for whose protection they are being paid. His son Mr Nazim Uddin might be an accused or suspect and his arrest might also be necessary in the situation. But it is absolutely illegal to take his father into custody to be used as bait for the son. Moreover, the torture and other cruel, inhuman and degrading treatment to which he was subjected and which allegedly caused his death are not only illegal but also inhuman and barbarous.

It is also found that groups of people who have vested interest in communal divisions among the people created controversy around ‘conversion and second marriage’ of Dr Rumee Nath and engaged in a communal campaign. It polarised some people in religious lines and created tensions in Barak valley.

Provocative and ant-constitutional statement of Minister Gautom Roy encouraged the mob of the male dominated society to attack Dr Nath, a woman who represents more than 1 million people in the law-making body of the state and her ‘second husband’.

The alleged police harassment of youths and inefficient investigation of the attack case and efforts of forcible enforcement of strikes led to the fighting between the communities at Kalain; communal mass hysteria of some Muslims youths of Kalain and inefficient handling of the situation by the  authorities present there led to the fighting between the communities resulting in injuries of many innocent people; insensitivity to human rights of the people and reliance on illegal means and torture during investigation by the police resulted in the death of Mr Ajijur Rahman.

Recommendations:

The BHRPC recommends to the authorities including the Central government of India and government of Assam to take following actions:

To the Government of Assam:

1. To conduct a prompt and objective judicial inquiry into the death of Ajijur Rahman and the circumstances that led to his death;

2. To cause the investigation of the case of custodial death of Mr Ajijur Rahman to be conducted by a team led by an officer of the rank of Superintendent of Police of the Crime Investigation Department of Assam police;

3. To pay an ex-gratia of an adequate amount to the next of kin of Mr Ajijur Rahman;

4. To hand over the investigation of mob attack on Dr Rumee Nath to the Central Bureau of Investigation of Delhi Police as name of a minister of Assam government is involved in the incident;

5. To amend the Assam Police Act, 2007 to bring it in conformity with the directions of the Supreme Court of India in Prakash Singh and others Vs. Union of India and others case;

6. To separate investigation wing and maintenance of law and order wing of Assam police completely;

7. To train the officers and other personnel of Assam police in following human rights laws while tackling riots and dealing with mobs; and

8. To take any other actions needed for protection of human rights of the people.

1. To ensure a prompt and impartial inquiry by a judicial authority into the death of Ajijur Rahman, communal fighting and mob attack on Dr. Rumee Nath;

2. To ensure that the investigation of the case of custodial death of Mr Ajijur Rahman is conducted by a team led by an officer of rank of Superintendent of Police of the Crime Investigation Department of Assam police;

3. To ensure  payment of ex-gratia of an adequate amount to the next of kin of Mr Ajijur Rahman;

4. To ensure the investigation of mob attack on Dr Rumee Nath to the Central Bureau of Investigation of Delhi Police as name of a minister of Assam government is involved in the incident;

5. To repeal the colonial Police Act of 1861 and enact a police act as per directions of the Supreme Court of India issued in Prakash Singh and others Vs. Union of India and others case;

6. To enact the Communal Violence Bill after further consultation with the civil society;

7. To enact the Prevention of Torture Bill after further consultation with civil society;

8. To enact a law providing for adequate reparation and rehabilitation of the victims of human rights violations by the state agencies and their families after consultation with the civil society; and

9. To take any other appropriate actions required for protection of human rights of the people.

---

To the Central Government of India:

[1] Mr. Mahibur Rahman, aged about 50, son of Haji Haroos Ali, resident of Lakhipur Part-I, Kalain, Katigorah, Cachar.

[2] Mr. Taj Uddin, aged about 44, son of late Abdul Barik of Boroitoli Part-I

[3] Mr Shahid Uddin,  aged about 25, son of late Abdul Wahab Barbhiuya of Brahmangram.

[4] The house belongs to one Mr Mainul Haque. They did not awake him lest the police know about any movements.

The report is also available at http://bhrpc.wordpress.com/2012/07/19/custodial-death-of-ajijur-rahman/

Investigation finds charge of rape established against doctor

The police in Assam have filed a charge-sheet in the court against a doctor for raping his patient. The charge-sheet under section 376 of the Indian Penal Code, 1860 has been filed by the officer-in-charge of the Dholai police station (PS) on 13 March 2012 at the Court of the Chief Judicial Magistrate in the district of Cachar after investigation of a case filed by a minor girl on 27 November, 2011.

This is disclosed recently by the district superintendent of police (SP) in Cachar in a report (vide No. G/SR/1281 dated 16/03/12) submitted to the Deputy Registrar of the Assam Human Rights Commission (AHRC) in response to a notice of the AHRC.

The report states that the survivor lodged a First Information Report (FIR) at Dholai PS inter alia alleging that on 27 November, 2011 at about 4 PM the complainant being accompanied by her sister in law (name withheld to protect identity) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up.

Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accused doctor closed the door and window from the outside and forcibly raped her.

The AHRC issued a notice to the SP for a detailed report about the case after it registered a case of human rights violations (vide AHRC Case No. 302/2/11-12.) on the complaint filed by the Barak Human Rights Protection Committee (BHRPC).

The report of the SP, however, mentions that the medical test conducted after the investigation of the case started do not corroborate the allegations of the victim as well as those of the BHRPC against the doctor. It says that (1) evidence of recent sexual intercourse not detected, (II) evidence of violent mark not detected in her private parts and (III) her age is above 18 years and below 20 years.

The BHRC claimed that the victim/survivor is a minor girl studying in class IX.

However, on the examination of the witnesses of the complainant, witnesses of the accused and the place of occurrence the investigating police officer found that charge under section 376 of the IPC which provides punishment for rape is established, states the SP.

When the AHRC asked the BHRPC for its comments on the report of the SP the latter submitted a detailed response pointing out why the medical report can not be relied upon. According to the BHRPC the medical report can not be relied upon because (i) there was inordinate delay in conducting the test; (ii) the report goes against the circumstantial evidences; (iii) the report goes against the accounts of the witnesses as recorded by the police; and (iv) the element of sympathy of the doctors who conducted the test towards the doctor who is the alleged violator creeping in and vitiating the objectivity of the findings can not be ruled out as both of them are colleagues and belong to the same profession.

The BHRPC also said that the filing of charge-sheet by the police will facilitate the criminal court to conduct trial on the criminal aspect of case in order only to fix criminal liability and proportionate penal measure called for under the law. It is not the domain of the trial court to consider human rights liability of the violator and remedies to the victim/survivor. Therefore, it comes under the jurisdiction of the Commission to fix human rights liability and more importantly to provide redress to the victim/survivor in terms of adequate compensation.

The BHRPC in its submission urged the AHRC to recommend to the authorities to provide an adequate amount of compensation to the victim/survivor; and while fixing the quantum of the compensation the AHRC should take into consideration the aggravating factors involved in the case such as (a) that the alleged violator is a government servant paid from the state exchequer for acting as savoir for those who are in physical distress; (b) that the victim/survivor went to the alleged violator in full trust as his position demands; (c) that the alleged violator took benefit of position of custodian of the victim/survivors at the moment of commission of the violating acts; (d) that the case has a clear custodial angle; (e) that the age and social and other circumstances of the victim/survivor are such that the minor girl has had an entire life full of colours but which has been destroyed beyond repair for no faults of hers and her life has become an undesirable and unbearable burden on her fragile shoulders.

(This has also been published in the Newsblaze and is available at http://newsblaze.com/story/20120513124721lask.nb/topstory.html

Where army is police and police is goons

BHRPC submits cases of extra-judicial executions in Barak valley to the UN Special Rapporteur

Guwahati, 28 March: “Ours is a case of doing works of police by the army and using the regular state police by ruling politicians as their personal army” said Waliullah Ahmed Laskar during his oral presentation at the North Eastern regional briefing to the United Nations special rapporteur on extrajudicial, summary or arbitrary executions held today here at Ashoka Brahmaputra hotel. Mr. Laskar, director of law and legal affairs of the Barak Human Rights Protection Committee (BHRPC) added, “although there are no terrorist activities and any home grown insurgent groups in Barak valley that can pose a threat to the national integrity and security the Armed Forces (Special Power) Act, 1958 is in force in the valley along with the rest of Assam and parts of some other North East Indian states and Jammu and Kashmir. The Act empowers the army personnel to use lethal force against civilians even to the causing of death on mere suspicion that they may act in breach of any law or any order along with the power to enter into any doweling places by breaking their entrance and search and seize anything without warrant and arrest any person without warrant and keep the arrestees in custody for unspecified times without charge. The AFSPA also places the army above the law, constitution and judiciary for acts claimed to be done under the Act by barring institution of prosecution, suits or any judicial procedure in any court inIndia.” He further added that the state police also operate under a similar draconian law called the Assam Disturbed Areas Act, 1955 and showed how the Assam Police Act, 2007 is a fraud on the people as well as on the Supreme Court of India in so far as it claims to conform with requirements of directives issued by the supreme court in Prakash Singh and others Vs. Union of India and others.

He also submitted a report to the special rapporteur professor Christof Heyns, who is on a fact-finding mission inIndiafrom 19 March to 30 March, containing cases of extra-judicial or arbitrary killing of innocent people both by the state police and armed forces of the central government. Cases that were submitted include 1. killing of one Islamul Hoque Choudhury (of Sonai, Cachar) by police because he became to threat to them as he witnessed how they tortured another person to death, 2 extra-judicial killing of Hashmat Ali (Kalain, Cachar) by police after being bribed by another person to teach him a lesson, 3. death of Motahir Ali (Kalain, Cachar) caused by torture in police custody as his family could not pay the amount of bribe demanded by the police for his release, 4. death of Mr. Moyfor Raja (Katlicherra, Hailakandi) in police custody due to torture, 5. fake encounter killing of Jamir Uddin (Katlicherra, Hailakandi) by central reserve police force personnel, 6. death of Iskandar Ali (Dholai, Cachar) caused by indiscriminate firing of  CRF personnel at a market place, 7. killing of a car driver by police apparently for speeding and 8. extra-judicial execution of Iqbal Hussain Laskar (Algapur, Hailakandi) by army after they picked him up and some other cases.

The BHRPC urged the special rapporteur to recommend to the authorities inIndiato 1. to repeal the Armed Forces (Special Power) Act, 1958; 2. to repeal the Assam Disturbed Areas Act, 1955; 3. to make the Unlawful Activities Prevention Act, 1967 compatible with international human rights standards by amending the Act; 4. to bring the Assam Police Act, 2007 in conformity with the directives of the Supreme Court of India through amendment; 5. to amend the Protection of Human Rights Act, 1993 to extend the jurisdiction of both the state and national human rights commissions to conduct independent inquiries into cases of alleged human rights violations by the armed forces and to lengthen the limitation period of one year to five years; 6. to constitute an independent commission headed by a retired chief justice of a high court or the supreme eligible to be appointed as the chief justice of India with adequate numbers of members from the civil society to conduct time-bound inquiries into all allegations of extrajudicial, summary or arbitrary executions leading to the initiation of prosecution and provision of adequate reparation; 7. to constitute special courts to conduct trial of all cases of extrajudicial, summary or arbitrary executions under direct monitoring of the Supreme Court of India; and others.

At the meet presided over by Justice W A Shishak, former chief justice of the Chhattisgarh high court, Mr Babloo Loitongbam of Human Rights Alert (Manipur), Ms. Bubumoni Goswami, chairperson of the Manabadhikar Sangram Samiti (MASS, Assam), Ms Rosanna Lyngdoh of the Impulse NGO Network (Mehgalaya), Taring Mama of the Association for Civil Rights (Arunachal Pradesh), Neingulo Krome of the Naga Peoples Movement for Human Rights (Nagaland), Anthony Debbarma of the Borok Peoples Human Rights Organisation (Tripura) and others also made both oral and written submissions.

The special rapporteur who is accompanied by the UN human rights officer Irina Tabirta and other staff said in his concluding remark that he was thankful to the government of India for extending invitation to his mandate to the country and he assured the participants that he would take up the issues raised here with the government of India and is going to have a press conference in Delhi on 30 March where he would share his preliminary recommendations. He is expected to submit his report on the situation of extra-judicial execution inIndiato the UN human rights council and the General Assembly of the UN at the end of this year. Neharul Ahmed Mazumder, secretary general of the BHRPC stated this in a release to media

Read the full submission of the BHRPC to the UN Special Rapporteur on Summary Execution

CRPF jawans assault a senior citizen at his home in Assam

Waliullah Ahmed Laskar, published at TwoCircles.net on 26 February 2011

Guwahati: The incidents of excessive use of power by our security forces against civilians in troubled areas continue occurring at regular interval. In a similar incident, 66-year-old Fariz Uddin Barbhuiya of village Kashipur under Silchar Sadar police station in Cachar district in Assam was allegedly assaulted by a team of CRPF jawans more than six months ago but no action has been taken against them yet.

Barak Human Rights Protection Committee (BHRPC) issued a report concerning the case of 66-year-old Mr. Fariz Uddin Barbhuiya of village Kashipur under Silchar Sadar police station in Cachar district in the North East Indian state of Assam. The communication stated that on 27 July 2010 a team of more than 10 Central Reserve Police Force (CRPF) personnel entered his house, assaulted him, his son and wife causing serious injury to the old man allegedly for protesting against breach of contract by CRPF. A case has been filed at the police station but the police have not taken any visible actions yet. Another complaint has been filed at the National Human Rights Commission of India (NHRC) but there is no response as yet from the commission either.

Wounded Mr. Fariz Uddin Barbhuiya at the Silchar Medical College and Hospital, Silchar

According to the report, Fariz Uddin, a retired CRPF personnel lives in his house in front of the camp of 147 battalion of CRPF, a paramilitary force of the central government of India, at 77Kashipur, Cachar. He now supports his family with his pension and a little earnings from a small shop of betel nut (pan-shop) and a phone booth.

The report states that one Mr. Radhashyam Sahu, owner of High Tech Communication, was iven the right to cut green grass from the campus of the 147 battalion at a public auction as the highest bidder. Subsequently on 22 April 2010 Mr. Sahu entered in a contract with Mr. Fariz Uddin that allows the latter to cut the grass and sell them for six months in consideration of advance payment of rupees 7500.00 (seven thousand and five hundred). After a few days Mr. Fariz Uddin came to know that another person was allowed to collect the grass and sell them. He was even not informed of the fact. Aggrieved by the breach of contract, Fariz Uddin went to Mr. Sahu and demanded an explanation. It is reported that Mr. Sahu ignored the question and misbehaved with Fariz Uddin. Then Fariz Uddin brought the matter to the notice of the commander of the battalion Mr. TK Hati with a request for redress on 26 July 2010. Mr. Hati told that he himself engaged the other person who was collecting grass. When Fariz Uddin reminded Mr. Hati about the contract and requested him to return his money the later reportedly got furious and started hurling verbal abuse at him. He also threatened Farzi Uddin with dire consequences and warned him that the commander will teach him a lesson, as alleged in the communication. He went home disappointed and fearful.

Signboard of the PCO owned by Fariz Uddin Barbhuiya that was vandalised by the CRPF

The report further states that without further ado a team of 10/12 CRPF personnel accompanied by Mr. Radhashyam Sahu went to his house at about 4.30pm on 27 July. The team included Constables Mr. Abani Nath, Mr. Shashi Bhushan, havildar Mr. Amir Uddin Laskar and was led by Mr. TK Hati. The victim claimed that the CRPF team forcibly entered into his house and started beating him without rhymes or reasons. They administered blows on him with their gun butts. They kicked him with their boots and punched him on the head and other sensitive parts of the body. Fariz Uddin’s wife Aftarun Nessa Barbhuiya and their son Asif Akhtar Barbhuiya tried to come in-between to save him. They also urged the para-military forces to spare the old man’s life. However, it is alleged that the CRPF team assaulted the mother and son too.

It is further alleged that the CRPF team damaged furniture, utensils and other valuable things in the house. The victims claimed that the raiding team also snatched away the cash box of their shop that contained approximately rupees 2500.00 (two thousand and five hundred).They left the house leaving the old man on the ground soaked in blood. When they were leaving, it is alleged, they warned the victims against complaining to the authorities and the police. They threatened the family that they would be charged with false allegations of keeping illegal firearms and ammunitions if they sought help from human rights organisations and inform the media.

Blood on the ground at the house of Mr. Fariz Uddin

After the CRPF team left, the family called an ambulance and took Mr. Fariz Uddin to the Silchar Medical College and Hospital. He was admitted at the SMCH and when his health improved after a few days’ treatment he was released.

Fariz Uddin also filed a complaint at the Silchar Sadar police station on 28 July 2010. An FIR was registered at the police station based on the complaint as Silchar PS Case No. 1445/10 under sections 147 (rioting or violence by an unlawful assembly), 448 (house trespass), 325 (causing grievous hurt), 323 (causing hurt), 427 (mischief causing damage), 307 (attempt to murder) and 149 (punishment of member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, 1860. Sub Inspector Mr. Jitu Mani Goswami was made the investigating officer (IO) of the case.

Fariz Uddin, however, alleged that the IO was not investigating the case properly. Instead, the officer-in-charge (OC) of the police station Mr. SK Chouhan was putting pressure on him to come to an amicable settlement with the accused CRPF personnel.

BHRPC suspects that the OC has been influenced by the accused. BHRPC also filed a complaint at the NHRC on 5 February 2011. BHRPC is yet to receive any response from the NHRC.