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One police officer was held directly responsible for causing death and five
other assisted him in causing the death of the deceased. The medical officer
who conducted the post-mortem examination was also held responsible for
wantonly and deliberately issuing a false post-mortem examination certificate
to save the police personnel. The findings of the Commission were accepted by
the state government and one police officer was suspended. The doctor who
conducted the post-mortem examination was also suspended and departmental
action was taken against him. The case is at present under investigation.
297. Kuttappam of Neyyattinkara, Trivandrum, was arrested on 3 July 1991 by
Parassala police, Trivandrum and died the day after. On 14 December 1992 the
Government informed the Special Rapporteur that Kuttappam had been found
lurking inside a coconut garden at Alampara on the night of 9 July 1991 and
was detained by the watchman who informed the police of Parassala police
station. After inquiries revealed that Kuttappam was a lunatic, he was
released at 10.30 a.m. and died at 19.00 hours on 10 July 1991. A criminal
case was registered and investigations were conducted by the State Criminal
Branch on 17 July 1991 which disclosed that the watchman and two others
jointly assaulted Kuttappam causing grievous injuries to his spleen prior to
the arrival of the Parassala police. After completion of the investigations,
a charge was filed on 19 March 1992 before the court of law and the case is
subjudice.
298. Bulbul Bare, from Puli Nahoroni village, Kherajghat, Maza Lakhimpur, was
arrested on 12 October 1991 by the army in Bandardawa village and died on
22 October. On 21 December 1992 the Government informed the Special
Rapporteur that Bulbul Bare was a member of the United Liberation Front of
Assam (ULFA), a terrorist organization. He was questioned in connection with
his activities in the ULFA by security forces on 14 October 1991, but released
on 15 October 1991 and returned to his uncle’s house. He made no complaint of
torture. He died in his uncle’s house on 20 October 1991. On the basis of a
post-mortem report a police case was nevertheless registered and
investigations are in progress.
299. Dibakar Handique, from Basapukhuri, Dholpur Maiza, Narayanpur,
North Lakhimpur, was arrested on 28 September 1991 and died on 1 October
in an army camp. On 21 December 1992 the Government informed the Special
Rapporteur that he had died in security force custody as the result of
illness. To clarify the circumstances of his death, a magisterial inquiry
had been instituted and was in progress.
300. Dhruvajyoti Gogoi was arrested on 17 March 1991 at Doomdooma, Tinsukia,
by the army. Two days later his body, bearing marks of torture, was handed
over to the police. On 22 December 1992 the Government informed the Special
Rapporteur that Dhruvajyoti Gogoi, a ULFA terrorist, was apprehended
on 18 March 1991 from Naharani village by security forces conducting
anti-terrorist operations. A large quantity of weapons, ammunition and
money were recovered from his possession and from caches revealed by him.
He died on 19 March 1991 while under arrest. The likely cause of death was
head injuries sustained by the individual during a scuffle preceding his
apprehension. A judgement was subsequently passed by the Guwahati High Court
on 18 June 1991 wherein the court ordered an ex gratia payment of an amount of
money to the parents of Mr. Dhruvajyoti Gogoi.
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