Bajrang Dal members were “assaulted in custody,” advocates move petition at CJM; Medical report finds “No external injury”, however, constitutes board

A couple of days back, a retired teacher was attacked on regional grounds at the heart of Silchar town. Young boys pulled the beard of the senior citizen and vandalised his car while female members of his family were inside the car. Humiliated and traumatised, the retired teacher rushed to Silchar Sadar Police Station and lodged an FIR.

Acting on the complaint, Police officials from the Silchar Sadar Police station started the investigation. Midnight of the same day, that is, within a few hours, the Police officials detained five individuals and all of them were identified as Bajrang Dal members.

Today a petition was moved at the Chief Judicial Magistrate’s court. The petition stated that five accused arrested persons were brutally assaulted while in Police’s custody by the personnel within the Police station. The petition added that it is a clear violation of article 21 of the Constitution Of India and the guidelines issued by the Supreme Court in the case of DK Basu VS State of West Bengal and the case of Nanabati VS State Of Orissa. The petitioners mentioned that this assault within the Police Station is a violation of Human Rights and the fundamental rights of the accused persons.

The petition has been moved by a team of lawyers of District Bar Association of Silchar headed by senior advocate Anil Deb and accompanied by Advocate Amar Paul, Advocate Rajiv Nath and Advocate Soumen Choudhury. In the petition filed, prayer has been made for medical examination of the accused persons by a medical board to ascertain the injuries received by them due to the torture made by the Police. The petition has been moved at the court of the Chief Judicial Magistrate Cachar.

CJM R Rajak in his order dated February 25, states, “The Case record is put up before me along with a petition vide no. 574/22 filed on behalf of the accused persons stating that the accused persons have been brutally tortured and assaulted by the police personnel and as a result, the accused persons sustained serious injuries on their person. Therefore, the petitioner prayed for the medical check-up of all the accused persons in this case by the board of doctors under the supervision of this Court.”

The CJM, taking a leaf out of his judgement passed on February 24, adds, “I have gone through the case record. On perusal of the medical reports of the accused persons, I find that the examining doctor expressed his opinion that he finds no external injuries on examination of the accused persons.”

The order concludes, “However, considering the gravity of the allegation, the Joint Director, Health, Cachar, is hereby directed to constitute a board of doctors having at-least three, doctors to examine the accused persons and to submit a report in this regard. Further, the Superintendent, Central Jail, Cachar, is hereby directed to produce the accused persons before the Medical Board as and when directed.”

It is worth mentioning here that Nibas Paul, S/o Nidhubhusan Paul, aged 21 years, Sunny Deb, S/o Lt. Niranta Deb, aged-25 years, Hitesh Ghosh, S/o Himansa Ghosh, aged 23 years, Sushen Das, S/o Satya Ranjan Das, aged 24 years and Chiranjit Kumar Singha, S/o Kirendra Chandra Singha, aged 19 years accused in Silchar P.S. Case No. 508/2022 are charged U/S-143/341/427/325/354/354(B)/294/298/506/ 153(A) of I.P.C. They were produced before the CJM on February 24. Incidentally, though all of them belonged to the Bajrang Dal, the right-wing group abandoned their members and did not appoint a lawyer to represent these five members. They have stated to the CJM that they cannot engage lawyers from their own resources. That is when the CJM ordered, “Let legal aid counsel Sri. Sajal Kanti Ghosh is appointed to defend the accused persons.”

Investigating Officer of this case, IC of Malugram Police Station, Chittaranjan Borah escorted all five of them to the CJM’s court on February 24. In CJM’s order, it is mentioned that on being asked, the accused persons said that they have some injury on “Public Assault”. The CJM’s order issued on February 24 adds, “Also, seen the medical report. The doctor reported that they have no external injuries on their bodies.” CJM concluded his order stating, “The accused persons are remanded to judicial custody till 10.03.2022.”

Therefore, the petition moved today, not only questions the role of the Police but also puts the doctor under the scanner. Was it an attempt to ensure instant justice, or is it an attempt to pressurise the Police for acting against a right-wing group, hopefully, the truth will prevail?