W.P.(Crl.) 8/2016. Gauhati High Court
| Case Number | W.P.(Crl.) 8/2016 |
| Judgement Date | March 29, 2021 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
WRI T PETI TI ON ( CRL.) ( TAKEN UP) NO.8 OF 2016
I n Re-
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State of Assam
Represented by the Commissioner and Secretary,
Home and Political Department, Government of Assam, Assam Government Secretariat, Dispur, Guwahati-781 006
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I nspector General of Prisons, Assam,
Khanapara, Guwahati-781 002
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Superintendent of Jail,
Central Jail, Silchar, Cachar
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN
For the petitioner : Mr.TJ Mahanta,
learned Amicus Curiae, assisted by Ms.P Bhattacharya, learned counsel
For the respondents : Mr. D Saikia, learned Senior Additional
Advocate General, Assam, assisted by
Mr.BN Sarma, learned senior Government Advocate, Assam
Date of hearing & judgment: 29.03.2017
JUDGMENT AND ORDER ( Aj it Sin gh , C.J.)
The Assam Human Rights Commission (in short “Commission”) by its judgment and order dated 31.12.2015 passed in AHRC Case No.778-2-13-14 has referred the matter to the High Court under Section 18(b) of the Protection of Human Rights Act,1993 for appropriate directions.
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Badal Roy, whose son Bappon Roy died in judicial custody, was the complainant before the Commission and since he was not assisted by any lawyer, we thought it proper to appoint Shri TJ Mahanta, learned senior counsel as Amicus Curiae, who willingly agreed to provide all possible legal assistance in the matter. I .A.(Criminal) No.373/ 2016 has also been filed for a direction against the State Government to pay him compensation for the death of Bappon Roy in judicial custody.
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Facts in short are these. Bappon Roy was married to Babby Roy on 30.9.2012. At that time, he was a young man aged about 32 years and was also serving as Science Teacher in a Private English Medium School at Silchar. His trouble started from 11.6.2013 when wife Bobby Roy lodged a report against him at Lakhipur Police Station for an offence under Section 498-A of the I ndian Penal Code. On 11.6.2013 itself, the I nvestigating Officer of the case Assistant Sub-I nspector of Police - Biman Deb arrested Bappon Roy from his house and brought him to Lakhipur Police Station. He was then remanded to judicial custody on
12.6.2013 and sent to Central Jail, Silchar. And from Jail, he was taken to Silchar Medical College Hospital on 13.6.2013, where he was declared ‘brought dead’ by the doctors. The dead body of Bappon Roy was handed over to Badal Roy on 14.6.2013 after it was subjected to post mortem examination. According to the post mortem examination report dated 15.6.2013, his cause of death was due to organo-phosphorus insecticide poison.
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Badal Roy lodged First I nformation Report at Lakhipur Police Station vide case No.186/ 2013 in connection with death of Bappon Roy, but the police after investigation submitted closure report vide FR No.74/ 2015 dated 16.8.2015. Undeterred, he made a complaint to the Commission alleging foul play in Jail, which led to the death of Bappon Roy on 13.6.2013. I n the result, an enquiry was conducted by the then Additional District Magistrate, Cachar, Silchar, who, in his report, made the following important observations:
“(i) Timely treatment and sending the patient to Silchar Medical College Hospital, Ghungoor may had some hope for survival of the patient.
(ii) The treatment of the patient in the Jail was done by Pharmacist on the advice of doctor over phone, this is a gross-irregularity on the part of medical treatment to the patient in the Jail.
(iii) No frequent visit of doctors was made in the Central Jail,
Silchar.
(iv) Though evidence could not be collected in respect of torture to Lt. Bapon Roy, but black mark on the both wrist and one leg indicates some reasonable doubt regarding cause of injuries on the body of Lt. Bapon Roy as a result of some external force applied on the body.
(v) The actual cause of death can be ascertained after receipt of chemical examination of viscera etc.
(vi) I n this connection, a high level enquiry may be conducted if authority deem fit and proper to ascertain the actual facts leading to the death of Lt. Bapon Roy and to unearth the culprit, if any.”
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Thereafter, the Commission directed the State Government to have an enquiry done by a Committee headed by the Commissioner, Hills and Barak Valley Division. The State Government, therefore, constituted an Enquiry Committee headed by the Divisional Commissioner, Hills and Barak Valley Division. During enquiry, the Committee recorded the statement of one life convict, namely, Bidyut Kumar Paul in Central Jail, who claimed that Bappon Roy was beaten mercilessly by other jail inmates and also by the Head Warder Mahsin Ali Laskar. The relevant extract of the report dated 2.6.2015 of the Committee reads as under:
“6. During the course of the enquiry a number of officials and others concerned were heard in person and all available documents were examined and perused. The lists are already enclosed as cited at paras 2 and 3 above.
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From the report of the doctor (Dr.Toufique Z.R. Barbhuyan) given to the O/ c I n-charge of Ghungoor Outpost, it is clear that Bappon Roy was found to be “brought dead” to the Silchar Medical College Hospital. This report, dated 13.06.2013, is enclosed as...
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