ASSAM CHAH MAZDOOR SANGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. A. Thakur for the Petitioner.

(2.) By this writ petition under Article 226 of the Constitution, the Petitioner, Assam Chah Mazdoor Sangha, Golaghat Branch, affiliated to INTUC, has espoused and highlighted the case of custodial death of a labour boy aged about 14 years (by name Romanchal Deep Tanti), who was picked up by one Asstt. Sub-Inspector of Police attached to Ghiladhari Police Station on 5.9.1994 from his house. No warrant of arrest, nor any ground of arrest was disclosed to either the boy or his family members while taking him away to the police station, where he was confined for a couple of hours and subjected to interrogation in connection with an alleged theft which had occurred in the tea garden and thereafter let off. Next day, i.e. on 6.9.94, the same Asstt. Police Sub-Inspector along with a pose of constables again came to the house of Ramanchal Tanti around 6.30 P.M. on 6.9.94 and the boy Ramanchal Tanti along with Bikram, Mahananda, Bijoy Tanti, Abhiram Deep and Romench Deep were taken into custody without disclosing the reasons thereof. While others were released, Romanchal was detained in the lock up. On 8.9.94, the ASI, Kamal Mohan came to the house in the small hours only to inform his mother that she should immediately accompany him to Golaghat, Romanchal father was not present, his mother got ready and proceeded in a vehicle provided by the Police to Golaghat along with one Joyram. Having waited in the police station for quite sometime, Joyram was informed by police that Romanchal Deep had committed suicide by hanging, thereafter they were taken to the Civil Hospital, Golaghat. Keeping them out, the Police personnel went inside the hospital then a woman called back Panchu Tanti and after that the mother was called to have a look at the dead body of her son. She noticed multiple injuries on his forehead, she was not shown the whole body. The mother demanded the dead body which was refused on excuse that it was decomposed and it was disposed of by the police.

(3.) The writ petitioner association came to know of the incident and the entire developments. They approached the authorities including the then Chief Minister and Ministers insisting for a judicial enquiry but to no avail. As a last resort, this petition has been filed praying for (i) direction to the Respondents to institute judicial enquiry, (ii) to direct investigation by CBI, (iii) suitable compensation to the mother and family members to the tune of Rs. 1 lakh.