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

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