Annual Report
2013-14
Deithan Basumatary, Krishna Basumatary, Junish Ali and Babul Ali. Though vide its
communication dated 8 July 2013, the Ministry of Home Affairs requested for grant of
extension of time to submit reply to the show cause notice by four weeks but no response
was received by the Commission.
4.110 The Commission, therefore, expressed the view that the Ministry of Home Affairs
had no explanation to offer on the observations of the Commission and vide its proceedings
dated 8 January 2014 confirmed its findings and recommended to the Ministry of Home
Affairs, Government of India, New Delhi to pay a sum of `5,00,000 each to the next of kin of
the five deceased namely, Prabhat Basumatary, Deithan Basumatary, Krishna Basumatary,
Junish Ali and Babul Ali within a period of eight weeks.
4.111 Compliance report is awaited.
12.
Death of a Handicapped Boy in a Counter Insurgency Operation by Army Personnel of
118 Regiment in Sivasagar District of Assam
(Case No. 180/3/15/08-09-AF)
4.112 The Commission received a complaint from a human rights activist alleging that one
Bishnu Tantti, a handicapped boy aged 18 years was shot dead by the Army personnel of
118 Regiment at Tingalibam Tea Estate in Sivasagar District of Assam on 30 January 2009
when he was collecting fire wood.
4.113 The Commission took cognizance of the complaint and requested its Director
General (Investigation) to collect facts and relevant reports. The reports have been received
and examined by the Commission.
4.114 The magisterial enquiry report of Shri M. Gogoi, Additional Deputy Commissioner,
Shivasagar, Assam revealed that the Army was conducting an enquiry in that matter and
would submit a report.
4.115 In response to the Commission’s notice, the Ministry of Defence clarified in its
communication dated 15 February 2010 that the death of Bishnu Tantti took place due to a
case of mistaken identity during a bonafide counter insurgency operation. It explained that
on 29 January 2009 the security forces received information that seven militants were trying
to cross over to Nagaland. The security forces reached Tingalibam Tea Estate, cordoned of
the area and carried out a search operation. During the operation, a gunshot was heard from
the direction where some suspicious movement was observed. The security forces asked
the miscreants to come out, but they paid no heed. Thereafter, the security forces retaliated
fire in the same direction. After the firing subsided, the troops cautiously inched their way
in the direction where the fire had come from and observed a dead body. The dead body
was later on identified to be that of Bishnu Tantti. Subsequently, it became known that the
deceased was a handicapped resident of No.7, Tingalibam Tea Estate, GardenLines. He had
deformity in his legs. As per evidence recorded, he did not have any linkage with militants.
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