GUWAHATI, June 25 - The Assam Human Rights Commission (AHRC) recommended immediate initiation of disciplinary proceedings against sub-inspector Sankar Bania and sub-inspector Tuniram Neog, both formerly of Jorhat Police Station for violation of the human rights of Bubul Lekharu, the then Additional Deputy Commissioner of Jorhat District, to deter others from committing such misconduct in future.
Lekharu was arrested on charges of misappropriation of government fund during his tenure as the ADC, Jorhat. A case was filed in the NHRC by the wife of Bubul Lekharu alleging that he was ill treated by the investigating officers leading to violation of his human rights. The case was later transferred to the AHRC.
In its judgment in AHRC Case No. 2083/7/17-18 on June 24, 2019, the full bench of AHRC, comprising its Chairperson, Justice T Vaiphei and members NK Bora and DK Saikia opined that a prima facie case of violation of the human rights is made against the two officers, which calls for a departmental enquiry against both of them.
The Commission accepted the fact that Lekharu has been implicated in several cases of misappropriation of huge public money, which, if proved, will attract maximum punishment available under the law including dismissal from service.
�However, the fact that such serious allegations are made against him, cannot justify the violation of human rights guaranteed under Article 21 of the Constitution of India. Using any form of torture for extracting any kind of information would not be right, just or fair,� the AHRC order mentioned.
The rights body further maintained that the crime suspect must be interrogated and subjected to scientific interrogation permissible under the law. Use of torture, harassment or brutal force has no place in a country governed by the rule of law. Person in custody has to be treated with dignity.
Earlier, the AHRC had issued notice to the Deputy Commissioner, Jorhat district to submit a detailed report on the incident of complaint.
According to the complainant, Sangita Buragohain Lekharu, her husband was arrested on 14.05.2017 without any warrant or without holding any preliminary investigation. She further alleged that the police ignored the health issues of her husband and also deprived him of sleep.