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, about the custodial torture of a youth, Mr. Siddharth Kaushik Dutta in Jorhat Sadar police station, Jorhat, Assam. According to the information received, Mr. Rishikesh Hazarika, Officer in Charge (OC) of Pulibor police station, Jorhat, Assam took the victim from his home at Tilikiam Kola Gaon village under Pulibor police station without any formal complaint against him. He was later transferred to Jorhat Sadan Police Station. However, the case details reveal that police falsified charges against him. Torture was carried out by OC Prodip and other police officers in the OC’s own office. Cases were subsequently filed against them. However, it is feared that the officers will distort the evidences and there is risk that the independent investigation may be compromised, a trend continuously observed by AHRC in such cases, and consequently the perpetrator police officers will go unpunished. AHRC is concerned of about the rising brutality of law enforcement officers with impunity.
CASE NARRATIVE:
In the afternoon of 16 April 2014, Mr. Siddharth Kaushik Dutta, 28-years old-son of late Ganesh Dutta and Ms. Riju Sharma Dutta, was arrested at his home in Tilikiam Kola Gaon village by the Mr. Rishikesh Hazarika, Officer in Charge (OC) of Pulibor police station, Jorhat, Assam without any formal complaint against him, only an allegation by Mr. Gunadhar Das, son of Dhoniram Das, an inhabitant of the Saruhuj village. The OC was accompanied by another police officer and one civilian named Mr. Rupanjal Barbora, a business partner of the victim and son of Mr. Bupen Borbora, Hahpuria village. All of them were in civil clothing. A search thorough of the house was conducted and nothing incriminating was found, he was arrested nevertheless.
Due to a sudden loss of business in later part of the year 2012, Mr. Siddhartha owed a debt of 400 thousand INR to Mr. Rupanjal. Mr. Siddhartha was paying back the debt in installment at the rate of Rs. 80,000 INR per month at 20% interest on the principal amount, which amounts more than Rs. 800 thousand INR.
After the arrest, Mr. Rupanjal also accompanied the police to the Pulibor police station where Gunadhar Das and his son were already waiting. After Mr. Siddhartha was brought to the station, a policeman named Digantawrote an FIR for Gunadhar which Gunadhar then signed. Gunadhar had earlier taken away Sindhdhath’s vehicle (No-AS-03, M-1597, Indica Vista) and had been using it for quite some time. Gunadhar alleged in the FIR that he received calls and SMS from mobile number +919577921829 demanding 500 thousand INR and threatening to kidnap his son. The caller claimed to be a member of the armed group, United Liberation Front of Assam (ULFA), though the FIR (page-1 and page-2) does not name anyone. He also alleged that he feared failing to pay the amount will attract dire consequences. The FIR was registered [Pulibor police case number 109/14 dated 16 April 2014 under section 384 of Indian Penal Code read with section 10/13 of Unlawful Activities (Prevention) Act]. Sub-Inspector Promod Borah was given the charge of investigation.
Later, policeman Diganta, dressed in civilian clothes, put a pistol against Siddhartha’s head threatening to shoot and demanded immediate return of Rupanjal’s money. Diganta also threatened that the contents of FIR would be enough to rot him behind the bar for at least 12 years.
After medical examination Siddhartha was transferred to Jorhat Sadar Police custody. He was produced before the 1st Class Magistrate on 17 April 2014 after which he was taken back to Jorhat Sadar police station. On 18 April 2014, Rupanjal Borbora came to the police station to meet Siddhartha Kaushik, asked him to call his mother over to the police station, and demanded he pay back the money. Siddhartha replied that his mother will not come to the police station. Consequently, Rupanjal started arguing and threatened Siddhartha with life in prison. Rupanjal was subsequently taken away by a couple of other policemen to let him calm down. After about one and half hours Rupanjal returned to the station and went straight to the OC’s room to discuss the matter.
On the night of 19 April 2014, at around 2 a.m., Siddhartha Kaushik was taken to the OC’s room. He was gagged and had water poured on him by OC, Prodip Borah. The OC accused him of hiding firearms and asked him about returning Rupanjal’s money. Siddhartha couldn’t reply because of the gag. Later, the OC beat Siddhartha severely and continuously for an hour all over his body (but focusing on his hands, feet, and genitals) with a curtain rod. The soles of his feet were thrashed so brutally that he lost consciousness. After this he was brought back to the lock-up. It is believed that because the OC’s room is the only one in the station without close circuit cameras, it is used to carry out torture to avoid surveillance.
On the morning of 19 April 2014, Siddhartha was again taken to the room of OC where the OC again asked him if he would pay the money back to Rupanjal. Siddhartha replied that he had already paid a sum of 8 (eight) lakhs at the rate of 80,000/- per month including interests to Rupanjal against his debt of 400 thousand INR. He said that he procured the amount by selling off his property and he owes nothing more to pay him back. His reply angered the OC and he ordered Siddharth to perform one hundred squats. Siddharth’s body, especially his feet were already severely injured because of the previous day’s torture. Consequently, he fell down after 20 squats.
Prodip Borah continued torturing him by kicking. The OC kicked him viciously in the back and pressed him against the floor. He kicked the victim twice in the stomach and once in the groin. Siddharth lost consciousness immediately. However, the beating continued in this unconscious state with the rod used the day before. When OC tried to yank away his nails with pliers, a policeman present in the room, who couldn’t stand to watch the torture anymore, requested the OC stop. The OC warned Siddhartha to return Rupanjal’s money or else he will either frame Siddhartha as an ULFA cadre or a dacoit, a crime that comes with severe punishment.
Sidhdharth’s deteriorating health forced the police authority to admit him at Jorhat Medical College Hospital. His family members were informed by the OC about his condition and they went to the hospital immediately. He was advised to have a CT scan, an ECG, X-rays, and several other medical tests, but the police refused on the pretext of shortage of time for producing him before the court of a 1st Class Magistrate. He was produced before the Magistrate and was carried by his younger brother on one side and a policeman on the other as his condition didn’t permit him to stand on his own feet. Siddhartha revealed to the magistrate the torture inflicted upon him in police custody. The Magistrate then ordered judicial remand. Siddharth he was given medical treatment by the jail doctor. However, his condition deteriorated further and he was readmitted to Jorhat Medical College Hospital on 22 April 2014. After conducting several medical tests, he was brought back to jail. Later that night, severe pain in his abdomen, genitals, and all over the body began for which he failed to urinate, his whole body bloated abnormally, and he was readmitted to Jorhat Medical College Hospital the next morning. His bladder had to be artificially evacuated by a catheter that was inserted through his genitals. The doctor informed him that both his kidney and liver were severely damaged. He was transferred to Dibrugarh Medical College Hospital for better treatment on 26 April 2014. His condition has not improved at all.
Case details suggest that Mr. Prodip Borah, the OC of Jorhat Police Station, is responsible for the torture and resulting health problems of Siddharth. On 7 May 2014, Ms. Riju Sharma Dutta, mother of Siddharth, filed two separate complaints before the Superintendent of Police, Jorhat, against Prodip Borah and Rupanjal Borbora, respectively. On 13 May 2014, Riju Sharma went to Jorhat Sadar police station to ask for the case number, but she was informed by an Additional Superintendent of Police that the case was not registered yet and he asked her to return on 22 May to find out whether it is registered or not. On 15 May, a criminal case was filed before the court of Chief Judicial Magistrate, Jorhat against Prodip Borah, Rishikesh Hazarika, Mr. Diganta, Mr. Promod Borah, and Mr. Rupanjal Borbora.
Prompt actions by the authorities are still awaited.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate and an impartial investigation in this case. The investigation must be monitored by a judicial officer as otherwise the investigation may be jeopardize and evidence may be tampered with, distorted, or destroyed by the state police.
Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on Torture, calling for immediate intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………….,
INDIA: Take action against the perpetrators of custodial torture in Assam
Name of victim: Mr. Siddharth Kaushik Dutta
Names of alleged perpetrators:
1. Mr. Prodip Borah, OC of Jorhat Sadar Police Station
2. Mr. Rishikesh Hazarika, OC of Pulibor Police Station
3. Mr. Diganta, police constable, of Pulibor Police Station
4. Mr. Promod Borah, Sub-Inspector of Pulibor Police station
5. Mr. Rupanjal Borbora, son of Mr. Bupen Borbora, Hahpuria village under Pulibor police station, Jorhat
Date of incident: 16 April 2014 onwards
Place of incident: Pulibor police station and Jorhat Sadar Police Station, Jorhat, Assam, India
I am writing to voice my deep concern regarding custodial torture of Mr. Siddharth Kaushik Dutta in Jorhat Sadar police station, Jorhat, Assam. According to the information received, Mr. Rishikesh Hazarika, Officer in Charge (OC) of Pulibor police station, Jorhat, Assam took the victim from his home at Tilikiam Kola Gaon village under Pulibor police station without any formal complaint against him. He was later transferred to Jorhat Sadan Police Station. However, the case details reveal that police falsified charges against him. Torture was carried out by OC Prodip and other police officers in the OC’s own office. Cases were subsequently filed against them. However, it is feared that the officers will distort the evidences and there is risk that the independent investigation may be compromised, a trend continuously observed by AHRC in such cases, and consequently the perpetrator police officers will go unpunished. I am concerned of about the rising brutality of law enforcement officers with impunity.
Case details as reported by AHRC indicate gross violation of human rights. In the afternoon of 16 April 2014, Mr. Siddharth Kaushik Dutta, 28-years old-son of late Ganesh Dutta and Ms. Riju Sharma Dutta, was arrested at his home in Tilikiam Kola Gaon village by the Mr. Rishikesh Hazarika, Officer in Charge (OC) of Pulibor police station, Jorhat, Assam without any formal complaint against him, only an allegation by Mr. Gunadhar Das, son of Dhoniram Das, an inhabitant of the Saruhuj village. The OC was accompanied by another police officer and one civilian named Mr. Rupanjal Barbora, a business partner of the victim and son of Mr. Bupen Borbora, Hahpuria village. All of them were in civil clothing. A search thorough of the house was conducted and nothing incriminating was found, he was arrested nevertheless.
Due to a sudden loss of business in later part of the year 2012, Mr. Siddhartha was indebted of 400 thousand INR to Mr. Rupanjal. Mr. Siddhartha was paying back the debt in installment at the rate of Rs. 80,000 INR per month at 20% interest on the principal amount, which amounts more than Rs. 800 thousand INR.
After the arrest, Mr. Rupanjal also accompanied the police to the Pulibor police station where Gunadhar Das and his son were already waiting. After Mr. Siddhartha was brought to the station, a policeman named Diganta, called Gunadhar beside him and wrote an FIR for him which Gunadhar then signed. Gunadhar earlier also took away Sindhdhath’s vehicle (No-AS-03, M-1597, Indica Vista) and was using it for quite sometime. Gunadhar alleged in the FIR that he received calls and SMS from mobile number +919577921829 demanding 500 thousand INR and threatening to kidnap his son. The caller claimed to be a member of the armed group, United Liberation Front of Assam (ULFA), though the FIR does not name anyone. He also alleged that he feared failing to pay the amount will attract dire consequences. The FIR was registered vide Pulibor police case number 109/14 dated 16 April 2014 under section 384 of Indian Penal Code read with section 10/13 of Unlawful Activities (Prevention) Act. Sub-Inspector Promod Borah was given the charge of investigation.
Later, policeman Diganta, dressed in civilian clothes, put a pistol against Siddhartha’s head threatening to shoot and demanded immediate return of Rupanjal’s money. Diganta also threatened that the contents of FIR would be enough to rot him behind the bar for at least 12 years.
After medical examination Siddhartha was transfered to Jorhat Sadar Police custody. He was produced before the 1st Class Magistrate on 17 April 2014 after which he was taken back to Jorhat Sadar police station. On 18 April 2014, Rupanjal Borbora came to the police station to meet Siddhartha Kaushik, asked him to call his mother over to the police station, and demanded he pay back the money. Siddhartha replied that his mother will not come to the police station. Consequently Rupanjal started arguing and threatened Siddhartha with life in prison. Rupanjal was subsequently taken away by a couple other policemen to let him calm down. After about one and half hours Rupanjal returned to the station and went straight to the OC’s room to discuss the matter.
On the night of 19 April 2014 at around 2 a.m. Siddhartha Kaushik was taken to the OC’s room. He was gagged and had water poured on him by OC, Prodip Borah. The OC accused him of hiding firearms and asked him about returning Rupanjal’s money. Siddhartha couldn’t reply because of the gag. Later, the OC beat Siddhartha severely and continuously for an hour all over his body (but focusing on his hands, feet, and genitals) with a curtain rod. The soles of his feet were thrashed so brutally that he lost consciousness. After this he was brought back to the lock-up. It is believed that because the OC’s room is the only one in the station without close circuit cameras, it is used to carry out torture to avoid surveillance.
On the morning of 19 April 2014, Siddhartha was again taken to the room of OC where the OC again asked him if he would pay the money back to Rupanjal. Siddhartha replied that he had already paid a sum of 8 (eight) lakhs at the rate of 80,000/- per month including interests to Rupanjal against his debt of 400 thousand INR. He said that he procured the amount by selling off his property and he owes nothing more to pay him back. His reply angered the OC and he ordered Siddharth to squat for hundred times. Siddharth’s body, especially his feet were already severely injured because of the previous day’s torture. Consequently, he falls down after squatting for 20 times. The OC kicked him viciously in the back and pressed him against the floor.
Prodip Borah continued torturing him by kicking. He kicked twice in the stomach and once in the groin. Siddharth lost consciousness immediately. However, beating continued in this unconscious state with the rod used the day before. When OC tried to yank away his nails with pliers, a policeman present in the room, who couldn’t stand to watch the torture anymore, requested the OC o stop. The OC warned Siddhartha to return Rupanjal’s money or else he will either frame Siddhartha as an ULFA cadre or a dacoit, a crime that comes with severe punishment.
Sidhdharth’s deteriorating health forced the police authority to admit him at Jorhat Medical College Hospital. His family members were informed by the OC about his condition and they went to the hospital immediately. He was advised to have a CT scan, an ECG, X-rays, and several other medical tests, but the police refused on the pretext of shortage of time for producing him before the court of a 1st Class Magistrate. He was produced before the Magistrate and was carried by his younger brother on one side and a policeman on the other as his condition didn’t permit him to stand on his own feet. Siddhartha revealed to the magistrate the torture inflicted upon him in police custody. The Magistrate then ordered judicial remand. Siddharth he was given medical treatment by the jail doctor. However, his condition deteriorated further and he was readmitted to Jorhat Medical College Hospital on 22 April 2014. After conducting several medical tests, he was brought back to jail. Later that night, severe pain in his abdomen, genitals, and all over the body began for which he failed to urinate and his whole body bloated abnormally and he was readmitted to Jorhat Medical College Hospital the next morning. His bladder had to be artificially evacuated by a catheter that was inserted through his genitals.The doctor informed him that both his kidney and liver were severely damaged. He was transferred to Dibrugarh Medical College Hospital for better treatment on 26 April 2014. His condition has not improved at all.
Case details suggest that Mr. Prodip Borah, the OC of Jorhat Police Station, is responsible for the torture and resulting health problems of Siddharth. On 7 May 2014, Ms. Riju Sharma Dutta, mother of Siddharth, filed two separate complaints before the Superintendent of Police, Jorhat, against Prodip Borah and Rupanjal Borbora, respectively. On 13 May 2014 Riju Sharma went to Jorhat Sadar police station to ask for the case number, where she was informed by an Additional Superintendent of Police that the case was not registered and asked her to return on 22 May to find out whether it is registered or not. On 15 May, a criminal case was filed before the court of Chief Judicial Magistrate, Jorhat against Prodip Borah, Rishikesh Hazarika, Mr. Diganta, Mr. Promod Borah, and Mr. Rupanjal Borbora.
Prompt actions by the authorities are still awaited.
1. That there is prompt action on the case filed by the Mr. Riju Sharma and that the investigation in this case is supervised and monitored by a judicial officer;
2. That immediate specialized treatment is provided to the victim under a specialized medical institute along with counseling for psychological trauma.
3. That there is immediate allocation of appropriate amount of compensation to the victim.
4. A departmental inquiry is undertaken against the officers involved in torture.
5. The victim’s family is given high quality free legal assistance at the expense of the state.
6. That an immediate prosecution is launched against the perpetrators once the investigation into the case is completed.
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. 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, oo.prIsecypmo@gov.in
8. 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
10. The Chief Justice
Gauhati High Court
Dighalipukhuri
Guwahati 0781001
Assam
INDIA
Email: hc-asm@nic.in, highcourt.ghc@gmail.com
Fax: +91-361-2735863
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
