SECRETARY HAILAKANDI BAR ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) The secretary, Hailakandi Bar Association, forwarded a copy of the resolution passed by the Association at an emergent meeting held on 16/3/1993 condemning the brutal assault on Nurul Haque and the physical torture meted out while he was in police lock-up. Nurul Haque died on account of such brutalities committed on him by the police. The brief facts set out by the Bar Association may be stated as under :

(2.) The police apprehended Nurul Haque on the evening of 9/3/1993 around 6. 00 p. m. , effected a formal arrest on 10/3/1993, and produced him before the court on 11/3/1993. At that time he was in good health. He was, however, remanded to police custody for 72 hours for interrogation. During the said period he was brutally assaulted and tortured by the police. As a result of the cruel treatment meted out to him while in police custody his condition deteriorated. On the expiry of the period of remand on 1231993. since he was in very bad shape and almost sinking, the police officers without producing him in court secured an order remanding Him to judicial custody. However, the jail authorities referred him to the Hailakandi Civil Hospital for treatment whenthey realised that his condition was serious. He died in the hospital on 13/3/1993 at about 5. 00 a. m.

(3.) Further, the Bar Association alleges that to hush up the matter the police personnel got the post-mortem done without informing the family members of the deceased about his demise and tried to bury the body but their attempts were foiled by the vociferous protests from the members of the public. The wife of the deceased filed a complaint on 14-3-1993 against certain police personnel alleging that her husband was murdered by them. She requested the Chief Judicial Magistrate. Hailakandi, to take immediate custody of the dead body of nurul Haque and get a proper post-mortem examination done. The learned magistrate conceded this demand. The police, however, secured orders from the deputy Commissioner for the disposal of the dead body by burial but their efforts were rendered unsuccessful by the members of the public. The Bar association in the backdrop of these facts demanded a judicial inquiry.