Magisterial Enquiry Report on Custodial Death of Motahir Ali

Click here to download the document (pdf)

GOVT. OF ASSAM

OFFICE OF THE DEPUTY COMMISSIONER::: CACHAR::: SILCHAR

****

NO. MISC. CASE. 1/2007/28                                                                         Dated Silchar, the 9th April, 2008

To

The District Magistrate,

Cachar, Silchar.

Sub: –  Enquiry report in respect of circumstances leading to death of one Motahir Ali,          S/O Lt. Akaddas Ali of Vill. Bhatgram, P. S. Katigorah and burning of Kalain     Police Out Post and G. P. Office.

Ref: –  Your Order No. CCL. 3/2007/Pt/05 dtd. 21.09.2007 & subsequent letters

thereon.

Sir,

In pursuance to the order issued vide No. Cited above, I have the honour to furnish following enquiry report on the circumstances leading to the death of one Md. Motahir Ali aged about 38 years S/O Lt. Akaddas Ali of Vill. Bhatgram, P.S. Katigorah, Cachar on 21.09.2007 and the burning of the Kalain Police Out Post and Kalain Gaon Panchayat Office on that day.

On receipt of the order under reference, a Public Notice bearing Memo No. Misc. Case No.1/2007 dtd. 26.09.07 was issued by the undersigned marking copies to the all concerned including the Superintendent of Police, Cachar and Deputy Director, Information & Public Relations, Barak Valley Zone, Silchar to facilitate the enquiry and for causing wide publicity in local news paper viz. The Samayik Prasanga published substance of the Notice as news item.

As per the Notice issued the date time and venue was pre-notified from 11:30 A.M. to 3:00 P.M on 28.09.2007, 29.09.2007 and on 01.10.2007 at PWD Inspection Bungalow, Gumrah situated next to Kalain and Bhatgram village.

Interested persons, private or officials, organisations, relatives of the deceased person were invited to furnish statements in terms of references of the public Notice dtd. 26.09.2007.

I visited the Gumrah PWD I.B in time on 28.09.2007, 29.09.2007 and 01.10.2007 and conducted the enquiry.

As per the information obtained: – a petty quarrel between Md. Motahir Ali and his neighbour Sahab Uddin of Village- Bhatgram took place at about 11:00 A.M on 20.09.2007 in front of their houses centring around a very minor quarrel amongst the kids of two neighbouring houses over playthings or games. The quarrel between the elders led to the scuffling later on. Shri Sahab Uddin and Motahir Ali went to the Police Out Post at Kalain and lodged complaint against each other. Shri Narayan Tamuli, ASI i/c Kalain Police Out Post accompanied by his constables arrived to the houses of complainants and took them to the Out Post and kept them under detention. Some respectable persons of Bhatgram and relatives of the detainees went to the Out Post with request to bail them out and settle the case amicably. Olimun Nessa, W/O Motahir Ali who were observing the holy Ramjan fasting took food to her husband in the evening and served in the Lock up. Motahir Ali was quite normal at that time. Alimun Nessa met Narayan Tamuli and pleaded for release of her husband from the police custody stating the background of the quarrel. Sri Tamuli demanded Rs. 10,000/- (Rupees ten thousand) only from her as the price of release. She stated that they are too poor to afford the payment. However, she stated that she could collect Rs. 500/- to Rs. 600/- from her neighbour on request and give it to Sri Tamuli. But Sri Tamuli turned deaf ear to the submission made by Alimun Nessa. As she was not obliging, Tamuli denied release of her husband. The in-charge and his staff tortured Motahir Ali mercilessly whole night of 20.09.2007. Next morning i. e. on 21.09.2007 Olimun Nessa went to the Police Out Post and found her husband was lying on the floor of the lock up and could hardly move or speak. Md. Motahir Ali could express that he was brutally beaten and kicked by the police staff and he badly inflicted injury in the abdomen. He further told to his wife that there is least chance of his survival after whole night brutal rituals by the policemen.

When the condition of Motahir Ali deteriorated Tamuli dragged him to an Autorickshaw and took to Kalain Primary Health Centre instead of sending him to Court. In the primary Health Centre Sri Tamuli and his colleagues repeated the brutality upon Md. Motahir Ali. The public present thereby witnessed the torturing and tried to dissuade police but in vain. Dr. Badal Das, in-charge of Kalain Health Centre reportedly examined Md. Motahir Ali and after discussion with the in-charge of the Police Out Post, they decided to send the patient to Silchar Medical College & Hospital for treatment but he died on the way.

The death news spread at Kalain and adjacent areas and public in the locality got infuriated. Hundreds of local people gathered at around 2.00 P.M. in front of the Kalain Out Post and G. P. Office and started slogans and pelted stones at the Out Post. Police tried to control with their existing forces but could not succeed. Police opened fire injuring 1 (one) person but no casualty was there though it has been claimed that 80 round fire were opened at that time to disperse the angry crowd. The Out Post caught fire at that time and it got completely gutted.  Nearby Gaon Panchayat Office of Kalain also caught fire and burned to ashes resulting loss of public documents and properties. There was a little attempt to save the public properties and it was left at the whims of the excited public who took their own course of action.

The dead body of Motahir Ali was brought to Kalain so to say to his residence amidst tight police coverage and handed over to the relatives of the deceased who was buried by them by mid-night of 21.09.2007. No untoward incident took place as there was sufficient police security.

The information and particulars were made available from the statements of public, public organisation and media report.

It is revealed from the hearing that Late Motahir Ali was a day labourer and lived from hand to mouth. His family consisted of his wife and 3 (three) minor children. His wife was an expecting mother at that time. Late Motahir Ali was a peace loving man and there was no public complaint against him. It is stated by Olimun Nessa, the helpless widow of Late Motahir Ali that a minor quarrel amongst the neighbours children/playboys developed an insignificant scuffling between the elders—resulting filing a police case and arrest by the Kalain police and detaining them in police custody. The inhuman torture inflicted upon Motahir Al for non-payment of the gratification and gearing up the brutality by the police staff and subsequent death of the simple day labourer in the Kalian P.H.C. before the noon on 21.09.2007 in front of the doctor of the hospital and his staff is bitterly experienced by the people of Kalain. One Mahmudur Rahman Laskar S/O Mushriqur Rahman Laskar aged about 40 years, one of the members of Azad Club, Kalian stated that Sri Tamuli i/c Kalain Out Post and his staff behaved in an inhuman manner and brutally tortured late Motahir Ali.

One Sri Ramzan Ali, Constable under Sri Tamuli administered the point of lathi straightway at the abdomen of Late Motahir Ali at the Kalain Primary Health Centre resulting total silence of the body of Motahir Ali. It is stated the constable’s last stroke made the way or caused the circumstances for demise of Motahir Ali. However, post mortem report and final opinion on the cause of death are available in the report of the concerned doctor of the Silchar Medical College & Hospital.

One Smt. Lila Acharjee and another Smt. Saraswati Adhikari W/O Nishi Ranjan Acharjee and Jyodev Adhikari aged being 45 years and 55 years respectively deposed that Motahir Ali was inhumanly tortured by the police.

From the local enquiry, it reveals that the police of Kalain Out Post was pro-active on the brutalities inflicted on Late Motahir Ali simply for the reason that the deceased family could not afford payment of gratification beyond the reach of the poorest family.

As regard the circumstances leading to the causes of the setting fire of both Out Post and the G. P. Office, inadequacy of preventive action plan have been observed by the public. However, the actual causes of catching fire on both the offices are yet to be ascertained.

As gathered, there was a separate Police Case at Katigorah P.S. under Katigorah P.S. Case No. 484/07 U/S 302/34 IPC wherein separate course of action have been initiated against the erring officials and the public involved and the Hon’ble trailing court has passed appropriate order on the same.

This is for favour of your perusal and necessary action.

Yours faithfully,

Signature Illegible

09.04.08

(H. A. Laskar)

Addl. District Magistrate

Cachar :: Silchar

Text Box: Yours faithfully, Signature Illegible 09.04.08 (H. A. Laskar) Addl. District Magistrate Cachar :: Silchar

Copied by

Waliullah Ahmed Laskar

Advertisements

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,


%d bloggers like this: