The Assam Human Rights Commission on Thursday sought a report from Assam police on whether the Supreme Court’s guidelines were followed while arresting Krishak Mukti Sangram Samiti (KMSS) leader Akhil Gogoi and producing him before court.
The AHRC has taken suo moto cognizance of reports of alleged torture upon Akhil, particularly the way “he was brought to the court in handcuffs, tying his hands behind his back”.
A single bench of N.K. Bora, member of Assam Human Rights Commission (AHRC), directed to issue notice to the director-general of police, Assam, to submit a report informing the commission as to whether the guidelines issued by the Supreme Court were followed while arresting Akhil and producing him before court.
Bora said the apex court in 1995 in “Citizens for Democracy vs State of Assam” passed some directions on procedures to be followed while handcuffing a prisoner.
“The guidelines of the Supreme Court on handcuffing of accused or prisoner which has also disapproved of handcuffing terming it as an inhuman practice. The Supreme Court had stated the police and jail authorities have no authority to direct the handcuffing of any inmate of a jail, a prisoner — convicted or undertrial — while lodged in a jail in the country or while transporting or during transport from one jail to another jail, to court and back,” Bora said.
Akhil was arrested on December 12 in Jorhat by state police during the anti-Citizenship (Amendment) Act protests.
On December 17, he was handed over to the National Investigation Agency, which arrested him under the Unlawful Activities (Prevention) Act by the (NIA) for allegedly having a nexus with Maoist groups, and produced in a special NIA court here that sent him to 10-day NIA custody after which he has now been sent to judicial custody for 14 days. He will be produced in court on January 10.
Earlier, Akhil’s advocate Santanu Borthakur told The Telegraph, “Why was Gogoi brought to court in handcuffs, violating his dignity and in violation of the Supreme Court’s direction on handcuffing an accused?”
Kamrup (metro) district administration has ordered a magisterial inquiry into the deaths of Abdul Alim and Dipanjal Das who were killed in alleged security personnel’s firing during the anti-CAA protest in the city. Alim and Das were from Barpeta and Kamrup districts.
Additional district magistrates of Kamrup (metro) Manoj Kumar Sikaria and Bipul Kumar Das have been asked to inquire into the deaths of Alim and Das respectively and submit the findings within 15 days.
Das died on December 12 at Gauhati Medical College and Hospital (GMCH) because of bullet injury sustained in suspected police firing at Lachit Nagar and Alim had succumbed to his injuries on December 15 at GMCH during an incident of firing that took place on December 12 at Lalungaon here.
Apart from Alim and Das, three more died in the state during the protests.
Sam Stefford of Hatigaon and Ishwar Nayak of Udalguri also died in the alleged police firing in the city. One Dwijendra Panging reportedly succumbed on December 14 to injuries sustained during baton charge by police.