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NHRC recommends Rs 5 lakh compensation in alleged fake encounter case in Assam

By Abdul Gani, TwoCircles.net,

Guwahati: Raising doubts over the genuineness of an encounter by Assam Police, the National Human Rights Commission (NHRC) has recommended that the Government of Assam pay Rs 5 lakh as monetary relief to the next of kin of Rajib Basumatary, who was killed in village Doimoguri in Sonitpur, District Tezpur on 23 June, 2010.

The police had maintained that a joint search operation with CRPF was carried out during which a group of NDFB cadres opened fire at them from their sophisticated weapons, which was retaliated by police in self defence. Two NDFB cadres sustained bullet injuries and fell down and others managed to escape taking advantage of jungle and hilly terrain of Assam and Arunanchal Pradesh Border. Only one body was identified as that of Rajib Basumatary, aged 25.

Rajib’s elder brother, who lodged the complaint, requesting for the Commission’s intervention in the matter, denied the Police version that his brother was a cadre of NDFB or any terrorist outfit. He claimed that his brother was working in a private company and on 22nd June, 2010 had went to the village to look after his agricultural land when in the early morning this incident happened.

On consideration of various reports on record, the Commission had raised many questions about the claimed genuineness of the encounter by police. The Government of Assam, despite having been given sufficient time, did not respond to the questions raised by the Commission. Therefore, the Commission held that the State Government had no views on the matter and recommended the monetary relief to the victim’s family and also called for the proof of payment by the 13th June, 2013.

The Commission had received copies of the inquest, post mortem and magisterial enquiry report. The Commission observed that the magisterial enquiry report appeared to be perfunctory as the police account about the genuineness of encounter was accepted.