JAHIRA NESSA BEWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been registered pursuant to an order of the Hon'ble Chief Justice on 7-1-98 on an application dated 6-10-97 filed by Jahir Nessa Bewa alleging, inter alia, that her husband Md. Faizuddin Ali was arrested on 8-9-97 by the O.C., Dhupdhara PS (Goalpara district) and as a result of inhuman Police torture her husband died in Police lock-up. She made a written allegation to the Superintendent of Police (SP), Goalpara and the Deputy Commissioner, Goalpara, but getting no response, she at last approached the Hon'ble Chief Justice. The notice was issued vide order dated 3-2-98. An affidavit-in-opposition has been filed by the Addl. SP of Police, Goalpara. The SP, Goalpara also furnished a report on 4-3-98 on custodial death of Faizuddin Seikh addressing the Sr. Govt. Advocate, Assam which is annexed with the affidavit-in-opposition. The affidavit-in-opposition contends that on the unnatural death of Faizuddin Seikh on U.D. case (Unnatural death case) was registered and the investigation has not yet been completed. However, a short report "on the custodial death of Faijuddin" is available wherefrom the following facts emerged :-

(2.) Mr. A. K. Goswami, amicus curiae appointed by the court submits that from "report on custodial death", it appears that the Police has made an attempt to cover the case as a suicidal death, but on proper scrutiny of the said report it would reveal that it is mysterious unnatural death. For better appreciation, I propose to quote the relevant paragraph of the said report which is as follows :-

(3.) The incident happened on 8-9-97. Winter usually comes in the late October in the area. In early part of September, there would be no winter and as such the presence of blanket or piece of blanket cannot be available inside the Lock-up. Normally, the outer door of the Lock-up is made of iron rod so as to keep watch upon the inmates kept inside from the outside duty point. The front door of the Lock-up cannot be in such a manner creating obstruction in the visibility through the indoors.