E/CN.4/1994/31
page 62
301. Gambhir Gogoi, from Nagajan, Duliajan, Dibrugarh district, was arrested
by the army at the end of November 1990. A few days later his body, bearing
marks of torture, was handed over to the police. On 23 December 1992 the
Government informed the Special Rapporteur that Gambhir Gogoi had been
detained for questioning on suspicion of involvement in ULFA terrorist
activities. He admitted that he was working for ULFA under threat and
volunteered to assist the Army and to guide the security forces to "Saraipung
Forest" where ULFA had a major camp. Near the camp a heavy exchange of fire
took place between the army and ULFA militants. ULFA militants also exploded
many improvised explosive devices. In one such blast, Mr. Gambhir Gogoi and
two security personnel protecting him sustained serious injuries. Mr. Gogoi
was promptly evacuated and given medical attention but he died as a result
of his injuries. A post-mortem was conducted which confirmed the cause of
death.
302. Savinder Singh, a resident of South Delhi, was arrested on
28 February 1992 and taken to the Directorate of Enforcement of the Ministry
of Finance at Loknayak Bhavan, near Khan Market. The day after, his body was
found in the Lok Nayak Bhavan Complex. On 24 December 1992 the Government
informed the Special Rapporteur that an investigation had been conducted and
serious lapses on the part of the officials concerned were found. Action
against two officers of the Directorate of Enforcement had been recommended.
Meanwhile, the Supreme Court of India had issued orders that the Additional
District and Sessions Judge, Delhi, conduct the investigation and submit a
report direct to the Supreme Court. The matter was at present subjudice.
303. Ram Singh, Sarpanch of Arra Koder village, died in early April 1992 at
the Bohandiguda police station. On 28 December 1992 the Government informed
the Special Rapporteur that on 9 April 1992, Mr. Ram Singh had died in his
village and his body had been cremated by relatives without informing the
police or the district officials being informed. Later on, it was alleged
that Ram Singh had died as a result of mistreatment by police officers. As
the body of the deceased had been cremated no post-mortem or inquest could be
conducted; however, it was found prima facie to be a case of misbehaviour by
police personnel of Kodehar police station. Consequently, a sub-inspector was
suspended on 14 April 1992. A magisterial inquiry, currently taking place,
was ordered separately on 21 April 1992.
304. Muthusamy from Oddanchathram, Dindigul district, was arrested at the
beginning of 1992 by the Oddanchathram police in connection with a theft.
Subsequently, his mother, sister and father were also arrested. According
to the reports, they were all beaten and, as a result, Muthusamy died.
On 29 December 1992 the Government informed the Special Rapporteur that
Mr. Chinnan, alias Muthan or Muthusamy, had been arrested in a criminal case
registered at Ambilikai police station. On 8 January 1992 he developed chest
pain and giddiness. He was taken immediately to the local hospital from where
he was taken to the government hospital, where he was declared dead. An
enquiry was conducted, and the state government issued orders on 11 May 1992
to initiate departmental action against five police personnel for negligence
of duties. The necessary follow-up action was being taken.
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