E/CN.4/2001/66
page 112
563. Concerning Kalpana Das Kakoti (ibid., para. 510), the Government responded that an
inquiry concluded that there was no evidence of the involvement of army personnel in the
alleged rape and that the allegations were baseless. Villagers from Taregan Potasali had also
submitted a petition to the District Administration denying the allegation.
564. Concerning Tukeshwari Rava (ibid., para. 511), the Government replied that inquiries
revealed that, on 14 January 1998, two members of the Border Security Force (BSF) had raped
her. The case had been registered with the Bongaigaon police station under the Indian Penal
Code, and forwarded to the court on 13 July 1998. A magisterial inquiry was conducted into the
incident, confirming the rape, and the report was submitted to the Government of Assam. The
personnel involved in the rape were suspended and will be tried by the BSF court.
565. By a letter dated 27 July 2000, the Government responded to the case of
Devki Rani (E/CN.4/1999/61, para. 297) which had been transmitted by the Special Rapporteur
in November 1998. An investigation by the police revealed that the allegations were factually
incorrect. Devki Rani’s husband had filed a petition in the High Court asking for protection.
However, when police personnel were sent to his home, no one of his family was said to be
residing at the given address. The Government reported that their two sons were habitual
thieves, that eight criminal cases had been registered against them and that Devki Rani and her
husband had filed eight writ petitions to protect their son from legal action.
566. By a letter dated 10 November 2000, the Government responded to a number of cases
transmitted by the Special Rapporteur on 19 November 1999 (see E/CN.4/2000/9).
567. Concerning Murshi Ali Qazi (ibid., para. 488), the Government responded that a report
had been lodged by Zubair Ahmad that his brother Murshi Ali Qazi had not returned after
leaving on 16 May 1998. On 23 May 1998, the Sadar police station received information that
the dead body of Murshi Ali Qazi had been found at Checki Mujund. Ongoing inquest
proceedings had been initiated by the said police station. His body was handed over to his
father.
568. Concerning Ali Mohd. Bhat (ibid., para. 496), the Government replied that he had been
arrested on suspicion by the 15th Rajputuna Rifles and that a report was lodged at the Bandipora
police station. During questioning, Ali Mohd. Bhat agreed that he had hidden two Chinese
grenades at his home. After recovery of these grenades, he jumped from the second floor of his
house, as a result of which his leg was fractured. A first information report was registered
against him at Bandipora police station. The matter is pending before the Session Court of
Baramulla.
569. Concerning Y. Mani (ibid., para. 498), the Government replied that he was arrested on
suspicion of having links with underground terrorist groups. He was later handed over to
officials of the Bishenpur police station who released him on 17 April 1999, since no active
involvement of Y. Mani with the United National Liberation Front was established.
On 24 April 1999, he lodged a complaint of torture with the Bishenpur police station. The
allegation of ill-treatment is totally false. The complaint was lodged after an unusual delay,
lacks substance and appears to have been made to tarnish the image of the army.
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