STAFF REPORTER
GUWAHATI: The Assam Human Rights Commission (AHRC) has recommended the State Government to impose major punishment on two officers in a case of a fake encounter, and to pay compensation to the wife of the deceased.
The AHRC had taken up a case (AHRC Case No. 4179 of 2021-22) suo moto on the basis of the information furnished by the Superintendence of Police, Darrang district, informing about the death of an accused – Md. Asha Babu, son of Siddique Ali of Bihudia village under Kharupetia PS. He was apprehended by the Kharupetia police on 10.8.2021 in relation to Kharupetia PS Case No. 308/2018 U/s 366/34 IPC and Case No. 235/2021 U/s 379/511/34 IPC.
The accused was brought to the Kharupetia PS for interrogation. During the interrogation, the accused confessed to commission of crimes and that he had arms with ammunition which were concealed by him at Dhansari Ghat under Dalgaon PS. Based on this input, the police team comprising of the Officer-in-charge of Kharupetia PS, the Officer-in-charge of Dalgaon PS and other police personnel led by the accused proceeded to Dhansiri Ghat. They reached the place on 11.8.2021 at about 1.10 AM. On reaching the site, the police party proceeded to the bank of the River Dhansiri as led by the accused. However, the accused went ahead of the police team and suddenly fled and hid near a bush taking advantage of the darkness.
The police team chased him but he suddenly picked up a firearm and fired upon them indiscriminately. The police team retaliated by firing in self-defence. Later they found the accused lying on the ground with bullet injury and recovered one 07.65 mm pistol with one magazine loaded with two rounds of live ammunition near him. The accused was immediately taken to Mangaldai Civil Hospital for treatment but he succumbed to his injury and was declared dead by the attending doctors at about 2.35 AM while he was undergoing treatment.
During the incident, a home guard personnel was also reportedly injured. Following this incident, SI Abhijit Kakoti, Officer-in-charge of Kharupetia PS, lodged an FIR, which was registered as Dalgaon PS Case No. 501/2021 U/s 353/307 IPC r/w Section 25(1-A)/27 Arms Act.
After taking cognizance of the case, notice was issued to the District Magistrate/Darrang District to conduct an inquiry into the incident and submit a report within one month. The inquiry was conducted by the Circle Officer, Dalgaon Revenue Circle, who submitted his report to the Deputy Commissioner of the Darrang district on 6.12.2021. The finding of the Inquiry Officer, in a nutshell, is that the accused was gunned down by the police in self-defence in response to his indiscriminate firing upon the police.
But the AHRC received a complaint from Asha Babu's wife Monuwara Begum that on 11.8.2021 at about 9 PM, the accused was taken to Kharupetia Police for interrogation. Monuwara Begum was informed by the OC of Kharupetia PS that no new case was pending against her husband, but he was taken to the police station for an old case. According to her, at about 6.30 AM, her father-in-law was informed by the secretary of Village Defense Party (VDP), Ultab Ali over phone that Asha Babu was killed by the police in an encounter.
After going through the inquiry report of the Circle Officer and other materials on record, the AHRC found sufficient materials for proceeding against Abhijit Kakoti, the Officer-in-charge of Kharupetia PS and Achyut Dutta, the Circle Inspector of the same Police Station, for fake encounter killing of the deceased.
After examining all evidence, the AHRC concluded that "the deceased was not taken out of the police station for recovery of arms or ammunition but to stage a fake encounter in the forest/jungle where no eye witness could be present". The AHRC, in its order dated 24.01.2023, stated, "In our opinion, the aforesaid circumstances established that the deceased was killed by the two charged officers in a fake encounter killing while he was in police custody."
The AHRC recommended the State Government to impose major punishment upon the two charged officers, namely, Abhijit Kakoti, the Officer-in-charge of Kharupetia PS, and Achyut Dutta, the Circle Inspector of the same Police Station, and to pay compensation of Rs 7 lakh to the wife of the deceased within two months.
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