LUMDING, Oct 8 � The Gauhati High Court in a landmark judgement has directed the Union Government to pay Rupees ten lakh to Silipi Acharjee, wife of Late Biswajit Acharjee who had filed a writ petition before the Gauhati High Court (WP� No. 4454 of 2005) for meeting the ends of justice and also directed the State Government to investigate and find out the person(s) responsible for the death of Biswajit Acharjee while he was in the custody of the Army.
Silipi Acharjee, the petitioner alleged that while late Acharjee was in Army custody, he was tortured and as a result, he received external and internal injuries. After his release, though he was admitted to Lumding Railway Hospital, he eventually died on June 2, 2004.
It may be mentioned that Biswajit Achajree (28) died on June 2, 2004 at the Lumding Railway Hospital after he was released from Army custody on June 1, 2004. Late Acharjee was apprehended by the 9th Field Regiment of Indian Army on May 31, 2004 and he was in custody of the Army up to 5-45 pm of June 1, 2004.
However, the writ petition filed by the petitioner was contested by the Indian Army which filed an affidavit opposing the contents of the petition. Lt Colonel of 94 Field Regiment has contended that late Acharjee was never tortured while he was in the Army custody and he was examined in Hojai Civil Hospital on June 1, 2004 and was certified to be physically and mentally fit. He was also produced before Hojai Police Station in a good condition. The Army personnel also submitted a written document of one Ashok Roy, a relative of Late Acharjee that physical condition of Late Acharjee was good. However, the State Government controverted the statement made by the Indian Army in the affidavit-in-opposition.
In view of the stand taken by the Superintendent of Police in the affidavit-in-opposition filed and also the enquiry report by the SDPO where from it appears that Biswajit Acharjee in fact was not physically produced in the police station but was kept inside the Army vehicle, from where he was released after obtaining the writing from Ashok Roy. The arrest of Biswajit Acharjee was also made in complete disregard to the law laid down by the apex court in DK Basu vs State of West Bengal reported in (1997)I Sec. 416.