Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Women in Governance (WinG-Assam), a network of women human rights defenders in Assam regarding the brutal torture of Mr. Bhaben Gogoi by Mr. Mayurjeet Gogoi, Officer-in-Charge (OC) of Cinnamora police station and his team in Jorhat, Assam on 6 April 2014. As a result, Mr. B. Gogoi’s right leg has had to be amputated. No arrests have been made. AHRC is concerned of about the rising brutality of law enforcement officers amidst impunity.
CASE NARRATIVE:
Mr. Bhaben Gogoi, 25 years, son of Mr. Gunaram Gogoi, resident of Barbheti Kerani Gaon village under Pulibar police station of Jorhat district, Assam, works as shopkeeper at a timber store at Baghdhora Chari-ali, Cinnamora, Jorhat. On 6 April 2014, he left his shop for a nearby location called ONGC gate to add value to his mobile phone at around 6:30 p.m. After adding value at the shop, he lingered for a while, when suddenly Officer-in-Charge (OC) of Cinnamora police station, Mr. Mayurjeet Gogoi, accompanied by police personnel, arrived at the spot and began quizzing him about his presence there.
The officer in charge verbally abused him and started slapping him without any provocation, accusing him of being drunk. The accompanying policemen, wearing black masks, jumped on him and started beating him with their rifle butts, giving him no chance to speak. Bhaben Gogoi was clobbered relentlessly with rifle butts, aimed on one of his legs. The police left him on the ground, with serious injuries to his right leg.
After 45 minutes, two of Bhaben Gogoi’s colleagues at the timber store, one of them named Mr. Lal Bora, reached the spot and began arranging to take Bhaben to the shop. When they were about to leave, the said police officer and his team returned to the spot, shoved Bhaben into their vehicle and took him to Cinnamora police station.
After noting Bhaben’s home address and phone number, the police team took him to Jorhat Medical College and admitted him to the emergency ward. By this time the pain in his leg was beyond his endurance. An x-ray was conducted on the leg. The police talked to the doctor and then the doctor informed Bhaben that the x-ray report is ‘normal’. The police left Bhaben there, without informing his family.
The pain increased and Bhaben started howling in pain. In time, his family members arrived and requested one of the doctors of Jorhat Medical College Hospital to administer a pain-killing injection.
The pain, however, increased further and at around 11 p.m. family members shifted Bhaben to K.G. Nursing Home, a private health facility, for better treatment.
The next morning at around 9 a.m., doctors of K.G. Nursing Home, diagnosed Bhaben’s leg as broken and in urgent need of surgery.
At around 10 a.m., doctors conducting the surgery informed family members of Bhaben that, in addition to multiple fractures to the leg, the nerves inside the leg had also been damaged, compressed between the fractured bone splinters. The medical advice was that Bhaben be shifted immediately to Sanjeevani Nursing Home in Dibrugarh for specialized treatment.
Fearing the worst, family members hurriedly took Bhaben to Sanjeevani Nursing Home in Dibrugarh. On the way to Dibrugarh, on 7 April, Mr. Hemakanta Gogoi, the uncle of Bhaben, called up police personnel in Cinnamora police station and informed them that Bhaben’s condition is critical and deteriorating fast.
The Officer in Charge of the Cinnamora police station instructed family members to visit his office. Hemakanta Gogoi visited the police station on 8 April and informed the OC about Bhaben’s condition. The OC informed Hemakanta that Bhaben’s condition was not caused by the police, but as a result of his alcoholic escapade and showed him a police report to convince him. The OC then asked Bhaben’s father to come to his office.
On 9 April, Bhaben’s father, Gunaram Gogoi, along with Hemakanta, visited the OC’s office, where the OC handed over Rs. 10,000 to cover medical expenses of Bhaben.
The family refrained from filing FIR at that time as they were more concerned about Bhaben’s health.
Bhaben’s treatment continued for another 5 days in Dibrugarh. Doctors informed the family that the minute nerves of his leg were not responding as expected and that his leg below knee had to be amputated.
Bhaben was discharged from this hospital and taken to K.G. Nursing Home in Jorhat on 16 April to continue the treatment and to prepare for surgery. After consulting several doctors, Bhaben was readmitted in Jorhat Medical College on 21 April.
On 23 April 2014 Bhaben’s leg was amputated.
On 26 April, Gunaram Gogoi lodged an FIR at the Jorhat police station against Mayurjeet Gogoi, the Officer in Charge of the Cinnamora Police Station (Case no 641/14 under section 326, 34 of Indian Penal Code). Officer Tulimoni Duara is now reportedly investigating the case. No arrest has yet been made.
The AHRC has noticed that the police in India often target the legs of victims, causing permanent disability. This kind of torture scars the victim for life, as apart from the physical memory and mental agony it also leads to social stigma. Such brutality is also known to cause post-traumatic stress disorder, an affliction that can last for life.
Bhaben is the sole breadwinner of his family; his father happens to be physically challenged as well, due to an accident 10 years ago. This incident of torture has wrought irreversible financial, physical, and mental agony to Bhaben and his family.
SUGGESTED ACTION:
Please write to authorities mentioned below, expressing your concern about such brutal torture by the police. The crime must be investigated promptly and the accused officers must be brought to trial without delay. The victim should be provided with immediate medical treatment in a specialized medical institution free of cost, and rehabilitated.
The AHRC will write separately to the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment calling for his intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………….,
INDIA: Youth tortured brutally by police in Assam, leg amputated
Name of victim: Mr. Bhaben Gogoi
Names of alleged perpetrators: Mr. Mayurjeet Gogoi, OC of the Cinnamora Police Station, and his team
Date of incident: 6 April 2014
Place of incident: ONGC gate, Jorhat, Assam
I am writing to voice my deep concern regarding the brutal torture of Mr. Bhaben Gogoi by Mr. Mayurjeet Gogoi, Officer-in-Charge (OC) of Cinnamora police station and his team in Jorhat, Assam on 6 April 2014. As a result, Mr. B. Gogoi’s right leg has had to be amputated. No arrests have been made. The case detail as reported by AHRC concerns me about the rising brutality of law enforcement officers amidst impunity.
The AHRC reported that Mr. Bhaben Gogoi, 25 years, son of Mr. Gunaram Gogoi, resident of Barbheti Kerani Gaon village under Pulibar police station of Jorhat district, Assam, works as shopkeeper at a timber store at Baghdhora Chari-ali, Cinnamora, Jorhat. On 6 April 2014, he left his shop for a nearby location called ONGC gate to add value to his mobile phone at around 6:30 p.m. After adding value at the shop, he lingered for a while, when suddenly Officer-in-Charge (OC) of Cinnamora police station, Mr. Mayurjeet Gogoi, accompanied by police personnel, arrived at the spot and began quizzing him about his presence there.
The officer in charge verbally abused him and started slapping him without any provocation, accusing him of being drunk. The accompanying policemen, wearing black masks, jumped on him and started beating him with their rifle butts, giving him no chance to speak. Bhaben Gogoi was clobbered relentlessly with rifle butts, aimed on one of his legs. The police left him on the ground, with serious injuries to his right leg.
After 45 minutes, two of Bhaben Gogoi’s colleagues at the timber store, one of them named Mr. Lal Bora, reached the spot and began arranging to take Bhaben to the shop. When they were about to leave, the said police officer and his team returned to the spot, shoved Bhaben into their vehicle and took him to Cinnamora police station.
After noting Bhaben’s home address and phone number, the police team took him to Jorhat Medical College and admitted him to the emergency ward. By this time the pain in his leg was beyond his endurance. An x-ray was conducted on the leg. The police talked to the doctor and then the doctor informed Bhaben that the x-ray report is ‘normal’. The police left Bhaben there, without informing his family.
The pain increased and Bhaben started howling in pain. In time, his family members arrived and requested one of the doctors of Jorhat Medical College Hospital to administer a pain-killing injection.
The pain, however, increased further and at around 11 p.m. family members shifted Bhaben to K.G. Nursing Home, a private health facility, for better treatment.
The next morning at around 9 a.m., doctors of K.G. Nursing Home, diagnosed Bhaben’s leg as broken and in urgent need of surgery.
At around 10 a.m., doctors conducting the surgery informed family members of Bhaben that, in addition to multiple fractures to the leg, the nerves inside the leg had also been damaged, compressed between the fractured bone splinters. The medical advice was that Bhaben be shifted immediately to Sanjeevani Nursing Home in Dibrugarh for specialized treatment.
Fearing the worst, family members hurriedly took Bhaben to Sanjeevani Nursing Home in Dibrugarh. On the way to Dibrugarh, on 7 April, Mr. Hemakanta Gogoi, the uncle of Bhaben, called up police personnel in Cinnamora police station and informed them that Bhaben’s condition is critical and deteriorating fast.
The Officer in Charge of the Cinnamora police station instructed family members to visit his office. Hemakanta Gogoi visited the police station on 8 April and informed the OC about Bhaben’s condition. The OC informed Hemakanta that Bhaben’s condition was not caused by the police, but as a result of his alcoholic escapade and showed him a police report to convince him. The OC then asked Bhaben’s father to come to his office.
On 9 April, Bhaben’s father, Gunaram Gogoi, along with Hemakanta, visited the OC’s office, where the OC handed over Rs. 10,000 to cover medical expenses of Bhaben.
The family refrained from filing FIR at that time as they were more concerned about Bhaben’s health.
Bhaben’s treatment continued for another 5 days in Dibrugarh. Doctors informed the family that the minute nerves of his leg were not responding as expected and that his leg below knee had to be amputated.
Bhaben was discharged from this hospital and taken to K.G. Nursing Home in Jorhat on 16 April to continue the treatment and to prepare for surgery. After consulting several doctors, Bhaben was readmitted in Jorhat Medical College on 21 April.
On 23 April 2014 Bhaben’s leg was amputated.
On 26 April, Gunaram Gogoi lodged an FIR at the Jorhat police station against Mayurjeet Gogoi, the Officer in Charge of the Cinnamora Police Station (Case no 641/14 under section 326, 34 of Indian Penal Code). Officer Tulimoni Duara is now reportedly investigating the case. No arrest has yet been made.
The AHRC has noticed that the police in India often target the legs of victims, causing permanent disability. This kind of torture scars the victim for life, as apart from the physical memory and mental agony it also leads to social stigma. Such brutality is also known to cause post-traumatic stress disorder, an affliction that can last for life.
Bhaben is the sole breadwinner of his family; his father happens to be physically challenged as well, due to an accident 10 years ago. This incident of torture has wrought irreversible financial, physical, and mental agony to Bhaben and his family.
I, thereby, urge the authorities to ensure that:
1. The crime is investigated and the accused officers are brought to trial promptly;
2. The victim is provided with immediate medical treatment and trauma counseling in a specialized medical institution free of cost along, and rehabilitated;
3. The victim, his family, and witnesses are protected till the completion of the trial.
Yours Sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Superintendent of Police of Jorhat District
Office of the Superintendent of Police
K.K Handique Path, Jorhat, Assam
INDIA
Tel: +91 376 2320021
Cell: +91 9435557322
E-mail: sp-jorhat@assampolice.gov.in
2. Chief Minister of Assam
Dispur, Guwahati, Assam
INDIA
Tel: +91 361 2262222, +91 361 2266188
Fax: +91 361 2262069
Email: cmtarungogoi@gmail.com
3. Chief Commissioner
Assam State Police Accountability Commission (ASPAC)
105 BK Kakati Road
Ulubari, Guwahati- 781007
Assam
INDIA
Tel: +91-361-2462407
Email: aspolacct@gmail.com
4. Chairperson
Assam Human Rights Commission
STATFED HO Building
Bhangagarh, Guwahati
Pin – 781 005
Assam
INDIA
Tel.: +91-361-2529450 / +91-361-2527076
Email: secy-ahrc@nic.in
5. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in
6. Mr. Pranab Mukherjee
President of India
Rarstrapati Bhawan, New Delhi-110 004
INDIA
Tel: + 91 11 23015321
Fax: +91 11 23017290, +91 11 23017824
Email: secy.president@rb.nic.in
7. Mr. Manmohan Singh
Prime Minister of India
South Block, Raisina Hill
New Delhi – 110011
INDIA
Tel: +91-11-23012312
Fax: +91-11-23019545, + 91-11-23016857
Email: manmohan@sansad.nic.in
8. Mr. Sushil Kumar Sambhajirao Shinde
Minister of Home Affairs
Krishna Menon Marg
New Delhi – 110 003
INDIA
Tel: +91 11 2371 7474, +91 11 2371 9205
Fax: +91 11 2371-0065
Email: skshinde@sansad.nic.in
9. The Chief Justice
Supreme Court of India
Tilak Marg, New Delhi-110 001
INDIA
Fax: +91-11- 23381508, 23381584, 23384336, 23384533, 23384447
Email: supremecourt@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
