Gauhati HC issues notices to Assam govt over custodial death of Dhing rape accused

Guwahati: The Gauhati High Court has issued notices to the Assam government in connection with the alleged custodial death of a youth at Dhing in Nagaon district on August 23.

A high court bench comprising Justices Manash Ranjan Pathak and Soumitra Salikia on Monday issued notice to the Assam government while hearing a writ petition filed by Taffazul's 74-year-old father, Abdul Awal, seeking compensation and a judicial inquiry into his son's death.

The next date of hearing has been fixed for November 4 for the filing of an affidavit by the Assam government, Abdul Awal's counsel Zunaid Khalid said.

Taffazul, a resident of Barhheti village in Nagaon district, was arrested as one of the prime accused of the Dhing rape incident.

According to the petition, Taffazul was allegedly forcefully picked up by a patrol party from Dhing Police Station, accompanied by the Gaon Bura (village headman) of Barhheti, along with the President and Secretary of the local Village Defence Force.

The family alleged that Taffazul was taken without any prior notice or explanation and was subsequently detained in the lock-up of Batadraba Police Station for the entire night.

The situation took a turn the next day when reports surfaced of Taffazul being physically tortured and beaten while in custody at Dhing Police Station.

The petitioner claimed that this brutal treatment ultimately led to his son's death, a claim that has been met with widespread condemnation from human rights activists.

Furthermore, Abdul Awal claimed that his son was wrongfully arrested due to a mistaken identity.

According to the petition, the police had previously made a photograph of a suspect in the Dhing rape case viral on news outlets and social media.

The petitioner contended that his son was mistakenly identified as this suspect and that this grave error resulted in his unlawful detention and subsequent death in custody.

To make matters worse, Abdul claimed that after Taffazul's death, the police allegedly circulated images of his body on various news channels and social media platforms, reinforcing the false association with the rape case. This led to significant public outrage against the petitioner's family, with local residents refusing to allow Taffazul's burial in the village graveyard.

Abdul Awal and his family are reportedly enduring severe mental anguish and hardship due to the ordeal.

Abdul Awal's petition highlights several legal violations, including breaches of sections 47(a), (b), (c), 148(a), (b) of the Assam Police Act, 2007. These sections pertain to the duty of police officers to act without bias and to prevent custodial violence.

Furthermore, the petition seeks punishment for police officials under Section 98(a) and (b) of the same Act, which provides for stringent penalties in cases of custodial misconduct and death.

The petition also underscores the non-compliance with key guidelines issued by the National Human Rights Commission (NHRC) on custodial deaths. The NHRC has laid down specific procedures to ensure accountability in such cases.