Recover amount from police officers, says Gauhati High Court
DGP told to register a case in a week; report compliance of order Orders on habeas corpus petition filed on December 24, 2005
Guwahati: The Gauhati High Court on Wednesday directed the Assam Government to pay Rs. 2 lakh compensation to the family of Moni Bora, missing wife of a United Liberation Front of Asom (ULFA) leader, who is suspected to have been killed after being picked up by police in 2005.
A Division Bench, comprising Chief Justice B. Sudershan Reddy and Justice B.P. Katakey, directed the State to recover the amount from the police officers responsible for her disappearance.
The court also directed the Director-General of Police to a register a case within a week after receipt of the order and entrust the investigation to the Central Bureau of Investigation (CBI).
The DGP was also directed to report compliance of the order within three weeks , said Nekibur Zaman, counsel for the petitioner.
"... violation of Article 21 in the instant case is blatant and incontrovertible and it is of the magnitude that shocks the conscience of the court," the Bench said adding that "the respondents having taken [the] said Moni Bora into custody may have subjected her to torture in the police station which is the usual practice adopted by the police in the State of Assam in the name of anti- insurgency operation."
The petitioner, Buddheswar Bora, brother-in-law of Ms. Bora, alleged in a habeas corpus petition on December 24, 2005 that the wife of a self-styled ULFA captain Danda Bora was missing since being picked up by police from Kalapthar area under the Bokajan police station in Karbi Anglong district.
The court directed the police to produce Ms. Bora before a magistrate and also file an affidavit by January 2, 2006. However, after the police failed to produce her and file the affidavit, the court directed the then Superintendent of Police, Pankaj Sharma; Additional Superintendent of Police Mukul Saikia and sub-inspectors Gokul Bora, Abdul Gafur and N. Singh, who were named by the petitioner, to appear before the court on January 6, 2006.
The police officers , appeared before the Court and denied that Moni Bora was picked-up.
On April 26, 2006, the Court ordered a judicial probe into the disappearance of Ms. Bora and directed the District and Sessions Judge, Golaghat, S.P. More, to conduct the probe and submit his report within three months. The Judge submitted his report on July 28.