Cachar CJM: DIG to probe allegations pressed by arrested Bajrang Dal members; Criminal case against Police officials

Five Bajrang Dal members assaulted a retired teacher in Trunk Road, Silchar near the All India Radio Station. The retired teacher was traveling with his family in his private car. He was racially, communally abused, his beard was pulled and his car was vandalised. Women inside the car were terrorised by the act and the retired teacher was in mental, as well as, physical trauma.

He registered an FIR and the Police launched an investigation. Five young boys were arrested and according to the official Police Statement, all of them identified themselves as members of Bajrang Dal. Cachar Police was widely appreciated for their prompt action.

However, within a couple of days, the case took a different turn. Videos surfaced on social media featuring marks of brutal torture on the accused. A group of lawyers moved a petition stating five of them were assaulted inside the Police Station. The CJM ordered to set up a medical board and submit the report. Five doctors belonging to different specialties examined the five accused and submitted a report stating there are injuries sustained within three days making it clear that the boys were hurt either on the day of the incident or in the Police station. This medical report also contradicted the medical report submitted to the jail authorities.

The counsel for the Bajrang Dal members argued before the court that five of them were arrested wrongly as they are not even remotely associated with the incident. Also, he stated that seven Police officials, including the OC of Silchar Sadar and his Driver, assaulted the five accused violating the Supreme Court guidelines.

The Court had asked the investigating officer to submit an explanation on the injuries that the medical board found after the examination. The IO has stated that the injuries were sustained while the five of them attacked the retired teacher or during a clash around the event. The retired teacher was mob-heckled, there were hundreds of Bajrang Dal and VHP members on the road as this incident took place on the sidelines of a protest march. In such a scenario, who attacked the five of them for assaulting the retired teacher and trimming off his beard is something that remains a mystery.

Taking all of it into account, the CJM ordered, “As there is dispute between the parties, so the matter is required to be investigated and decision should be placed on the basis of evidence. Both the sides should be given opportunity to place their views and evidence.”

He added, “As the dispute is between the accused and the IO, so I find that an enquiry is required to be conducted to unearth the incident. Therefore, considering all the aspects of this case and for giving fair opportunity to both the sides, I refer the matter to DIG (Southern Range), Silchar, Cachar, to conduct an enquiry in this regard and file a report accordingly.”

The CJM also took the petition stating seven Police officials have assaulted the accused into cognizance and asked the Police to file a criminal case. The order adds, “In addition, the accused persons are at liberty to approach appropriate forum for redressal of their grievance. The petition filed by the respective petitioners u/s 156(3) be registered as Criminal Case and put up before me.”

The case will be heard again on March 30, 2022.