North Tripura claimed in the first instance vide letter dated 7 December 2005, that the arrest was
rightly made, he admitted in his subsequent report dated 12 July 2007, that the complainant had
been arrested under mistaken belief of identity. As a matter of fact, the complainant had raised the
dispute of identity during the trial also and the Court had decided in his favour.
6.64 The Commission observed that in the face of the judicial verdict, the State Government can
probably have no plea to justify the wrongful act of the police official. Therefore, the complainant
had to be compensated for deprivation of liberty. Considering the duration of incarceration and
other circumstances, the Commission recommended that the State of Tripura pay Rs. 2,00,000 as
monetary relief to the complainant. The compliance report, along with proof of payment, is
awaited.
b)
Illegal Detention & Torture
16.
Death of Devendra Nath Deka at Gauripur Outpost, Kamrup, Assam
(Case No. 25/3/2002-2003-CD)
6.65 The Deputy Commissioner, Kamrup, Guwahati, sent a fax message to the Commission that
a retired police officer of Meghalaya, Devendra Nath Deka, died at Gauripur outpost of police on
13 May 2002 due to a brutal assault caused by the Officer In-charge of the Police outpost and other
police personnel subordinate to him.
6.66 The Government of Assam informed the Commission that a Crime Case No.73/2000 u/s
302, 34 IPC against the said police personnel was registered at the Police Station. All the three
accused persons, Officer In-charge S.L Mukul Kakoti, Constables Anup Sarma and Manab Kalita
were put under suspension. The Constables were sent to judicial custody but Mukul Kakoti
absconded.
6.67 The Commission on 27 December 2006 considered the matter and found that there was
violation of human rights of the deceased. Vide proceedings dated 27 August 2007, it
recommended monetary relief of Rs. 1,00,000 to the mother of the deceased u/s 18(c) of the PHRA.
The State of Assam has sanctioned Rs. 1,00,000 to the mother of the deceased, as per
recommendation of the Commission. Proof of payment is awaited.
17.
Illegal Detention and Torture of Azad Hussain by Police in Pilibhit District, Uttar Pradesh
(Case No.3829/24/2001-2002)
6.68 The Commission took cognizance of a complaint dated 7 April 2001 received from Azad
Hussain, s/o Late Garibullah, r/o Kasba falling under the jurisdiction of Police Station Amaria in
Pilibhit District of Uttar Pradesh, alleging physical torture on the night of 2 June 2000, at the police
station, where he was called for interrogation in connection with the murder of his father
Garibullah and their servant Rais Ahmad. He alleged that he was illegally detained in order to
force him to confess to the murder. He was tied with ropes and a lit-candle was used to burn his
feet. He was let off only on 4 April 2001. He approached the Commission seeking justice.
National Human Rights Commission 43