IN RE. Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Assam Human Rights Commission (in short "Commission") by its judgment and order dated 31.12.2015 passed in AHRC Case No.778-2-13-14 has referred the matter to the High Court under Section 18(b) of the Protection of Human Rights Act,1993 for appropriate directions.

(2.) Badal Roy, whose son Bappon Roy died in judicial custody, was the complainant before the Commission and since he was not assisted by any lawyer, we thought it proper to appoint Shri T.J. Mahanta, learned senior counsel as Amicus Curiae, who willingly agreed to provide all possible legal assistance in the matter. I.A.(Criminal) No.373/2016 has also been filed for a direction against the State Government to pay him compensation for the death of Bappon Roy in judicial custody.

(3.) Facts in short are these. Bappon Roy was married to Babby Roy on 30.9.2012. At that time, he was a young man aged about 32 years and was also serving as Science Teacher in a Private English Medium School at Silchar. His trouble started from 11.6.2013 when wife Bobby Roy lodged a report against him at Lakhipur Police Station for an offence under Section 498-A of the Indian Penal Code. On 11.6.2013 itself, the Investigating Officer of the case Assistant Sub-Inspector of Police - Biman Deb arrested Bappon Roy from his house and brought him to Lakhipur Police Station. He was then remanded to judicial custody on 12.6.2013 and sent to Central Jail, Silchar. And from Jail, he was taken to Silchar Medical College Hospital on 16.2013, where he was declared 'brought dead' by the doctors. The dead body of Bappon Roy was handed over to Badal Roy on 14.6.2013 after it was subjected to post mortem examination. According to the post mortem examination report dated 15.6.2013, his cause of death was due to organo-phosphorus insecticide poison.