Annual Report 2010-2011
found lying on the ground in an injured condition by the police team. The two of them were
immediately taken to the Community Health Centre for medical treatment. An FIR was also
registered by one Bimal Chandra u/s 341/325/326/457/354/34 IPC at Katigorah Police Station
in Cachar District of Assam. Shortly thereafter, a counter FIR at the same police station was
registered by one Haziar Begum u/s 325/326/34 IPC. Motahir Ali was arrested along with two
others in the said case and taken to the police post after medical check-up. On 21 September
2007, the In-charge of Police Post prepared a challan against the three arrested persons for
sending them to the court. They were also taken for procedural medical check-up. While
arranging a vehicle for them to go to Silchar Court, Motahir Ali suddenly fell unconscious.
He was examined by a doctor at the Community Health Centre again and referred to Silchar
Medical College & Hospital wherein he was declared brought dead by the Medical Officer on
duty.
4.77 Upon consideration of the post-mortem report, it was learnt that ante-mortem injuries
had been caused by a blunt force impact. The findings of the magisterial enquiry report too
revealed that inhuman torture had been inflicted upon the deceased by the police which led
to his subsequent death. On consideration of all the facts, the Commission issued a notice u/s
18 (a) (i) of the PHRA to the Chief Secretary, Government of Assam as to why compensation
should not be recommended and awarded to the next of kin of the deceased.
4.78 In response to the show-cause notice u/s 18 (a)(i) of the PHRA issued by the Commission,
the State Government expressed no objection towards payment of compensation to the next of
kin of the deceased.
4.79 The Commission vide its proceedings dated 12 August 2010 recommended to the
Government of Assam to pay a sum of Rs. 5,00,000 as monetary relief to the next of kin of the
deceased Motahir Ali.
4.80 The compliance report along with proof of payment are awaited from the Government
of Assam.
18.
Death of Anil Kumar due to Police Negligence in Chandigarh
(Case No. 53/27/0/07-08-PCD)
4.81 On 12 July 2007, the Commission was informed by the Senior Superintendent of Police,
Union Territory of Chandigarh that on 11 July 2007, Sub-Inspector Narender Singh of P.S.
Manimajra in Chandigarh along with Constable Harpinder Singh were approached by one
Surjit Kaur and others who then handed over to the two policemen a person who was found
roaming under suspicious circumstances. An entry was also later made in the police station
at 2.45 p.m. The suspected person disclosed his name and address as Anil Kumar, resident of
House No. 375, Indira Colony, Manimajra. On verification, it was found that no such person
was residing at the said address. However, on further questioning, he gave another address.
It appeared that when the suspected person was being questioned in the Police Station, one
Brahm Pal, son of Telu Ram was also present in the room of Sub-Inspector Narender Singh.
During the course of investigation, Anil Kumar suddenly jumped from the front side of Room
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NHRC