Assam govt to compensate victim's kin for 'doubtful' encounter

Raising doubts over an encounter by the Assam police, the National Human Rights Commission has recommended that the state government pay Rs 5 lakh as monetary relief to the next of kin of Rajib Basumatary, who was killed in Doimoguri in Sonitpur, Tezpur on June 23, 2010.

The Assam police had maintained that a joint search operation with the Central Reserve Police Force was carried out during which a group of National Democratic Front of Bodoland cadres opened fire at them. Two NDFB cadres sustained bullet injuries and others managed to escape as the police retaliated. Only one body was identified -- that of Rajib Basumatary, aged 25.

Rajib’s elder brother, who lodged the complaint, requesting for the commission’s intervention in the matter, denied the police version that his brother was a NDFB cadre. He claimed that his brother was working in a private company and on June 22, 2010 had visited the village for some work related to his land.

On studying various reports, the commission raised many questions about the genuineness of the encounter. The Assam government despite having been given sufficient time did not respond to the questions raised by the NHRC. Therefore, it held that the state government had no views on the matter and recommended monetary relief to the victim’s family. They have also called for the proof of payment by June 13.

The commission had received copies of the inquest, post-mortem and magisterial inquiry report. It observed that the magisterial inquiry report appeared to be perfunctory as the police account about the genuineness of encounter was accepted. However, it found several points on which the clarifications were needed. Therefore, the Sonitpur superintendent of police was asked to either clarify or confirm the following:

i) The armourer’s report sent simply described the weapon and the 
cartridges. Was a test conducted in a ballistics laboratory to confirm that the weapon had been fired and that the spent cartridges had been fired from it?

ii) Even if the weapon had been fired, no report was sent to the commission to confirm that either of the dead had handled it. This could have been established only if their fingerprints were matched in a forensic laboratory with those on the pistol allegedly recovered from them. Was this standard forensic test done, and if so, what was the result?

iii) Even if this test had proved positive, it would still had not established 
that the man who handled the weapon had fired it. That could have been established by a third test, which is also standard, on swabs taken from the fingers for gunshot residue. Was this test conducted, and if so, what was the result?

iv) According to the seizure list sent by the police, all items recovered from 
the bodies were found in ‘a small house under the village of Doimoguri’. The firing, therefore, took place from within the house and, according to police, several men fired at them. If so, there would have been a large number of spent cartridges in that house. How would the police explain the recovery of only two spent cartridges?

But, despite reminders, the Assam government could not respond to these questions as per the deadline.