STAFF REPORTER
GUWAHATI: A division bench of the Gauhati High Court has requested the Assam Human Rights Commission (AHRC) to do the needful, preferably in three months, under the relevant sections of the Human Rights Act, 1993 and take steps to address the grievances of the two petitioners in connection with the killing of their sons in an encounter on September 17/18, 2021. The AHRC is not a party in the writ petition.
The bench comprises acting Chief Justice N Kotiswar Singh and Justice Soumitra Saikia.
Petitioners Jagadish Mashahary and Nibaram Brahma filed a writ petition (WP-C- 167/2022) before the High Court seeking a direction for conducting an impartial enquiry by CBI or any other independent agency relating to the death of Jwngsar Mushahary and Janak Kumar Brahma, sons of the two petitioners who were allegedly shot dead in a fake encounter.
The petitioners alleged that the police/security personnel killed their sons in cold blood on September 17/18, 2021, at Ultapani jungle in the Kokrajhar district. The two petitioners acknowledged that their two sons were surrendered NDFB (S) members running their own businesses.
The two petitioners said that the police allegedly shot dead their sons from close range. They filed a case in the Sarfanguri Police station (50/2021) in connection with the killing of their sons. On the contrary, a case was slapped against the victims with the allegation of their involvement in extremist activities and being members of the newly formed ULB, the petitioners alleged.
The petitioners also said they had approached the AHRC, but the matter is pending without concrete results.
Government advocate D Nath submitted that the investigation is going as far as the FIR lodged by the petitioners is concerned. The AHRC has also taken cognizance of it and directed the Lower Assam Commissioner to conduct an enquiry, the advocate said. He added that the enquiry report has been submitted to the government, and the matter is pending with the state government for consideration.
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