Medical Board finds "1 - 3 day old injuries" after examining arrested Bajrang Dal Members; Cachar CJM asks Police to explain and report by March 16

Last month, moments after a demonstration by Bajrang Dal and VHP in Silchar against the murder of Harsha in Karnataka, a few members of the Bajrang Dal went and attacked a retired teacher. Near Silchar Radio Station, the retired teacher was abused, his private vehicle was vandalised, his beard was pulled and torn.

Traumatised by the attack on him with his family members on board, he went and lodged an FIR at Silchar Sadar Police Station. Acting on it, Cachar Police detained five individuals on the same night and they were forwarded to custody the next morning. Cachar Police officially stated that all five of the arrested individuals are members of the Bajrang Dal.

A group of lawyers moved a petition at the court of Chief Judicial Magistrate on February 25, stating that Nibas Paul, Sunny Deb, Hitesh Ghosh, Sushen Das, Chiranjit Kumar, who were arrested by the Police, were assaulted inside the police station going against the Supreme Court Guidelines and violating Human Rights.

Considering the gravity of the situation, the CJM ruled for a Medical Board to be constituted and all five of them to be examined. He also placed on record in his judgment, “On perusal of the medical records of the accused persons, I find that the examining doctor expressed his opinion that he finds no external injuries after examination of the accused persons.” This is the medical report that was submitted to the court by the Police. Before being put into custody, the accused persons are taken to a government medical facility for a medical test.

As directed by the CJM, the Medical Board was constituted by Joint Director, Health and Family Welfare, Cachar. The board with specialist doctors examined all five accused persons and based on their examination, submitted a report to the Joint Director who then produced it to the court.

The CJM heard the plea and the very beginning ruled, “On perusal of the case diary and on going through the evidences collected so far by the IO, I find that there are sufficient incriminating materials against the accused and their release at this stage is not warranted. Hence, the bail prayer made vide petition no. 591/22 is hereby rejected at this stage.”

However, it is the next part that brings the role of the doctor who had examined the accused persons first under scrutiny. “This Court constituted a medical board to examined the accused persons as they have alleged that they are beaten by the IO during his custody. Accordingly, the medical board is constituted and the accused persons were examined by the said board,” stated the order.

It adds, “The said medical board submitted its report along with the relevant documents. I have gone through the medical reports. I find that there are injuries sustained by some of the accused persons and according to medical board, the injuries are 1-3 days old from the date of examination.”

If the injuries sustained are 1 – 3 days old, it is clear that those were sustained while in the custody of the Police, substantiating the petition that the accused persons were assaulted at the Police Station.

CJM concludes his order, “As there is allegation that the injury was inflicted during police custody, so let an explanation report be called for from the concerned investigating officer regarding the allegation made against him. Further action will be taken after receipt of the report and hearing both the sides. Inform the IO accordingly. FIX: 16-03-2022 for report.”