Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning a case where the officers from the 117/36 Artillery Field Regiment/DTY COB stationed in Hailakandi, Assam assaulted and tortured a person named Ikbal in front of his family at his residence. It is reported that the army was conducting a combing operation in Chiparsangan village Part – III under the jurisdiction of Algapur police station in Hailakandi district, Assam state. The incident happened on 9 October 2010. The victim’s family alleges that the officers forced the victim’s wife to sign in a paper, which she was not allowed to read before signing. It is also reported that the officers then threatened the family not to inform the police or to file any complaint against the army. The officers took Ikbal into custody and left without informing Ikbal or his family, why they are taking Ikbal into custody or where he is taken. Ikbal was reported dead the same day evening at a local hospital.
CASE DETAILS:
According to the victim’s family, on 9 October at about 3.30am, they heard someone calling for Ikbal and knocking at the gate of the house. When Ikbal demanded the person to identify himself, the person replied that he was from the police and wanted to enquire something with Ikbal. Ikbal opened the gate and immediately, without asking anything, the officers from the army unit who were also present at the gate, caught Ikbal and dragged him outside towards the northern side of his house compound where five other officers from the army were also present. The officers then started beating and kicking Ikbal. Ikbal started to cry aloud. Terrified, Ikbal’s wife Parul, aged 38 years and their three daughters, Adiba aged 19, Tahmina aged 14 and Ajuba aged 9 started crying and pleaded with the officers not to assault Ikbal anymore. The officers did not listen to them, and continued assaulting Ikbal and shouted at Parul and the children to remain silent.
Hearing the family cry, Ikbal’s neighbours rushed to the place where the incident was happening. The officers however stopped them at gunpoint and allowed none to enter the compound, including Ikbal’s two brothers, Labib aged 38 and Sabib aged 31. Those who gathered witnessed the entire incident. There were about 15 officers in the group.
The officers then continued assaulting Ikbal until he fell on the ground. Then the officers took Ikbal towards a tube-well, washed his body and forced him to change his dress. Thereafter, the officers forced Ikbal’s wife to sign on a paper in which something was written. Parul was not allowed to read the content, nor was she informed what was written in the paper. The officers then threatened Parul not to approach the local police to complain about the incident. The officers then gave a mobile number +91 9508548935 to the family to contact them. The officers then went away with Ikbal in an army vehicle (Tata Sumo). The officers also took two mobile telephones, one flashlight and a mobile telephone charger from the house. The officers did not inform the family why Ikbal was arrested or where he was taken.
The villagers soon contacted Mr. Baktar Uddin, Officer-in-charge (OC) of Algapur Police Station over the telephone to inform the officer about the incident. The OC replied that he was not aware about any army operation in the village. The family then approached Mr. Shahidul Alom Choudhury, a former Minister in Assam. Mr. Choudhury called the army camp at around 7am and inquired why Ikbal was arrested. The officer who answered the call informed Choudhury that Ikbal was arrested on a mistaken identity and that he would be released soon.
Mr. Anwar Uddin Barlaskar, a former District judge, along with Ikbal’s two brothers, Labib and Sabib, met the Superintendent of Police (SP) Mr. Hemanta Bhattacharya of Hailakandi district at around 8:30am. The SP informed them that he was not aware about the operation and that he would try to find out where and why Ikbal was detained. The SP also informed the brothers about a meeting between army officers, the district police and the district administration that was held the previous day. The officer informed that the army in the meeting had assured the officer that they would not conduct any operations within his jurisdiction without prior information to the police. Anwar, Labib and Sahib then met the District Magistrate (DM) of Hailakandi, Mr. Tapan Chandra Goswami, at his residence. The DM also informed that he was not aware of any operations in the village by the army and assured that he would assist to locate Ikbal.
At around 12 noon on the same day former minister Mr. Choudhury once again telephones the army camp and enquired about Ikbal. He demanded to know when Ikbal will be released, had he been arrested on mistaken identity. The officer who answered the call assured Choudhury that Ikbal would be free soon.
Later, at around 1pm an army officer came to Ikbal’s house and asked the family whether the family had any medical documents concerning Ikbal and whether he suffered from any previous heart or abdominal ailments. Since Ikbal had no such previous ailments, the family informed the officer that they did not have any such documents. The officer then informed to the family that Ikbal is admitted at Silchar Medical College and Hospital (SMCH) and that he was not in a good condition. The family rushed to the hospital, where they were informed that Ikbal is dead.
ADDITIONAL INFORMATION:
When the news about the incident spread, the local villagers became agitated. A large group of villagers of about a thousand persons gathered at the Chiparsangan area and obstructed the public road in protest. The SP and the DM arrived at the scene and informed the people that there would be a judicial enquiry about the death and that a post-mortem examination would be conducted and that it will be video recorded. Based on this assurance, the villagers stopped their protest.
The autopsy was conducted on 10 October at about 5:30pm in the evening, though the SP and DM had assured that it would be conducted only during the daytime. After the autopsy, Ikbal’s body was handed over to the family.
One of the police officers in Algapur police station, Mr. Abdul Basit Choudhury, informed Ikbal’s wife Parul that a case is filed concerning the murder, registered as Algapur Police Station case number 243/10 dated 09 October 2010 under Sections 302 (murder), 365 (abduction with an intend to secretly and wrongfully detain a person) and 310 (committing robbery or kidnapping by means of or accompanied with murder) of the Indian Penal Code (IPC), 1860. The officer informed Parul that another case was also filed based on the complaint of by Lieutenant Mr. Naveen Kumar of 117/36 Artillery Field Regiment, registered as Algapur Police Station case number 244/10 dated 09 October 2010 under sections 489B (buying or selling counterfeit currency) and 489C (dealing with counterfeit currency) of the IPC. The officer further informed that a home-guard named Abdul Shukkur Barbhuiya from Kathlichera Police Station is the principal witness for the incident where Ikbal was tortured as he was accompanying the army during the operation. The police officer further said that the deceased Ikbal was first taken to the army camp, then to a primary hospital, then again to the S.K.Roy Civil Hospital of Hailakandi and finally to the SMCH, Silchar where Ikbal was declared death.
SUGGESTED ACTION:
Please write letters to the authorities listed below requesting them to intervene in the case. The case must be investigated and if the allegations made by the family are found to be true the perpetrators must be punished.
The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment seeking an intervention in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: The arbitrary killing of Ikbal must be investigated
Name of victim: Mr. Ikbal Hussain Laskar, aged 42 years residing at Chiparsangan village Part – III under Algapur police station of Hailakandi district, Assam state
Name of alleged perpetrators:
Army personnel from 117/36 Artillery Field Regiment/DTY COB (Manipur Camp), stationed at Hailakandi, Assam
Date of incident: 9 October 2010
Place of incident:
Chiparsangan village Part – III, Hailakandi district, Assam
I am writing to voice my concern regarding the torture and suspected death from torture of Mr. Ikbal Hussain Laskar.
I am informed that on 9 October 2010, army officers from the 117/36 Artillery Field Regiment/DTY COB (Manipur Camp), stationed at Hailakandi, Assam state after severely torturing the victim Ikbal in front of his family and the neighbours took Ikbal into custody at about 3.30am from his house.
Ikbal is a resident of Chiparsangan Village Part – III under the jurisdiction of Algapur Police Station in Hailakandi district.
I am concerned to know that the officers assaulted Ikbal until he fell on the ground. Then the officers took Ikbal towards a tube-well, washed his body and forced him to change his dress. I am concerned to know that before leaving with Ikbal in an army vehicle, the officers, suspected to be 15 in number forced Ikbal’s wife, Parul, to sign a paper in which something was written, which Parul was not allowed to read. The officers did not inform Parul or other family members where Ikbal was taken and why he was arrested. I am also informed that the neighbours who had gathered near the house after hearing Ikbal and his family crying loud early in the morning, were not allowed to enter the house compound and that the army officers threatened the family and the neighbours not to complain about the incident to the local police. It is reported that the officers gave a mobile number +91 9508548935 to the family to contact the army before they left and also seized two mobile telephones, a flashlight and a mobile charger from Ikbal’s house.
I am informed that the villagers contacted Mr. Baktar Uddin, Officer-in-charge (OC) of Algapur Police Station over the telephone to inform the officer about the incident, soon after the army officers left from Ikbal’s house. It is alleged that the OC was not aware about any army operations in the village. The family then reportedly approached Mr. Shahidul Alom Choudhury, a former Minister in Assam. Mr. Choudhury, when contacted the army camp at around 7am over telephone and inquired why Ikbal was arrested, the officer who answered the call informed that Ikbal was arrested on a mistaken identity and that he would be released soon.
I am also informed that Mr. Anwar Uddin Barlaskar, a former District judge, along with Ikbal’s two brothers, Labib and Sabib, met the Superintendent of Police (SP) Mr. Hemanta Bhattacharya of Hailakandi district at around 8:30am concerning the case. The SP has reportedly informed them that he was not aware about the operation and that he would also help to find out where and why Ikbal was detained. The SP also reportedly informed the brothers about a meeting between army officers, the district police and the district administration that was held the previous day. The officer reportedly informed the brothers that the army in the meeting had assured the officer that they would not conduct any operations within his jurisdiction without prior information to the police. Anwar, Labib and Sahib then reportedly met the District Magistrate (DM) of Hailakandi, Mr. Tapan Chandra Goswami, at his residence. The DM also informed that he was not aware of any operations in the village by the army and assured that he would assist to locate Ikbal.
It is reported that at around 12 noon on the same day former minister Mr. Choudhury once again telephoned the army camp and enquired about Ikbal. He had reportedly demanded to know when Ikbal would be released, had he been arrested on mistaken identity. It is reported that the officer who answered the call assured Choudhury that Ikbal would be free soon.
However, at around 1pm an army officer reportedly arrived at Ikbal’s house and asked the family whether the family had any medical documents concerning Ikbal and whether he suffered from any previous heart or abdominal ailments. Since Ikbal had no such previous ailments, the family informed the officer that they did not have any such documents. The officer then informed to the family that Ikbal is admitted at Silchar Medical College and Hospital (SMCH) and that he was not in a good condition. The family rushed to the hospital, where they were informed that Ikbal is dead.
It is reported that when the news concerning the death was made public, the general public protested and organised a roadblock in the local town. The District Magistrate and the Superintendent of Police who arrived at the scene informed the public that an independent investigation, by way of a magisterial inquiry would be conducted in the incident. However, I am concerned to know that this has not happened and the statements of the witnesses have not yet been recorded. I am also now concerned about the safety of the witnesses in the case, including the family members of the deceased.
I am informed that a police officers in Algapur police station, Mr. Abdul Basit Choudhury, has informed Ikbal’s wife Parul that a case is filed concerning the murder, registered as Algapur Police Station case number 243/10 dated 09 October 2010 under Sections 302 (murder), 365 (abduction with an intend to secretly and wrongfully detain a person) and 310 (committing robbery or kidnapping by means of or accompanied with murder) of the Indian Penal Code (IPC), 1860. The officer also has informed Parul that another case was filed based on the complaint of by Lieutenant Mr. Naveen Kumar of 117/36 Artillery Field Regiment, registered as Algapur Police Station case number 244/10 dated 09 October 2010 under sections 489B (buying or selling counterfeit currency) and 489C (dealing with counterfeit currency) of the IPC. The officer further informed that a home-guard named Abdul Shukkur Barbhuiya from Kathlichera Police Station is the principal witness for the incident where Ikbal was tortured as he was accompanying the army during the operation. The police officer further said that the deceased Ikbal was first taken to the army camp, then to a primary hospital, then again to the S.K.Roy Civil Hospital of Hailakandi and finally to the SMCH, Silchar where Ikbal was declared death.
I, therefore, urge you to immediately make arrangement of the following:
1. To conduct two separate and independent investigations for the two different cases registered by the local police concerning the incident;
2. That a judicial magistrate without any further delay records the statements of the witnesses to the incident;
3. The local police are to provide security for the witnesses;
4. The autopsy report is to be made public;
5. If the investigations suggest that the deceased victim was tortured and that the victim died due to the injuries he suffered from torture, the perpetrators then to be tried before a civilian court;
6. Interim compensation to be provided to the victim’s family.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. A. K. Anthony
Defence Minister
Government of India, 104 South Block
New Delhi
INDIA
Fax: +91 11 23015403
Email: cvo@nic.in
2. Dr. P. Chidambaram
Home Minister
Griha Mantralaya
Room No. 104, North Block
Central Secretariat, New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
E-mail: hm@nic.in
3. Justice K. G. Balakrishnan
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 23340016, 23384863
E-mail: chairnhrc@nic.in
4. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069
5. Chief Justice
Guwahati High Court
Assam
INDIA
FAX +91 361 2604122 or +91 362 2735863 (Registrar General)
E-mail: hc-asm@nic.in, hicourtg@rediffmail.com
6. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
