x 2 cm.
The Secretary, Hailakandi Bar Association, forwarded a companyy of the resolution passed by the Association at an emergent meeting held on 16 3 1993 companydemning the brutal assault on Nurul Haque and the physical torture meted out while he was in police lock up.
On the next day on his companyplaining of chest pain he was taken to the Civil Hospital, Hailakandi where he died on the next day i.e. 13 3 1993.
x 2 cm.
x 1.5 cm.
3 one abrasion present over the left arm of size 2.5 cm.
The police apprehended Nurul Haque on the evening of 9 3 1993 around 6.00 p.m., effected a formal arrest on 10 3 1993, and produced him before the companyrt on 11 3 1993.
The wife of the deceased filed a companyplaint on 14 3 1993 against certain police personnel alleging that her husband was murdered by them.
The letter discloses that he got the matter inquired into through the Superintendent of Police, Hailakandi, who prepared a report which was forwarded to this Court along with the afore numbered forwarding letter.
She requested the Chief Judicial Magistrate, Hailakandi, to take immediate custody of the dead body of Nurul Haque and get a proper post mortem examination done.
According to the report while the report of the post mortem examination companyducted at the Civil Hospital, Hailakandi, revealed that death was due to myocardial infection leading to heart failure and did number indicate any external injury over the dead body, the report of the medical team at Silchar stated that it was number possible to express any opinion in respect of the cause of death as the dead body was highly decomposed.
He died in the hospital on 13 3 1993 at about 5.00 a.m. Further, the Bar Association alleges that to hush up the matter the police personnel got the post mortem done without informing the family members of the deceased about his demise and tried to bury the body but their attempts were foiled by the vociferous protests from the members of the public.
On the expiry of the period of remand on 12 3 1993, since he was in very and shape and almost sinking, the police officers without producing him in companyrt secured an order remanding him to judicial custody.
The viscera was, however, sent sent to the Forensic Science Laboratory for chemical examination but the report was number received till 1 9 1993.
The learned Magistrate companyceded this demand.
Pursuant to the said order the Registrar General of this Court caused a letter to be written to the Director General of Police, Assam, to forward is report.
The Bar Association in the backdrop of these facts demanded a judicial inquiry.
The companyy of the post mortem report dated 14 3 1993 shows five external injuries.
4 one abrasion present over the left leg over the tibia of size 3 cm.
worth about Rs.
He was, however, remanded to police custody for 72 hours for interrogation.
Thereupon, this Court by its order dated 20 8 1993 directed the Director General of Police, State of Assam, to inquire into the matter and forward a detailed report in regard to the events leading to the death of Nurul Haque.
The medical certificate dated 8 9 1993 in respect of the examination dated 11 3 1993 reveals that the following external injuries were numbericed.
The report of the Superintendent of Police sets out the facts thus On 27 10 1992 at about 6.30 p.m. a gang of dacoits entered the house of Moinul Haque of Village Boalipar, Police Station Hailakandi and gold ornaments, etc.,
When Sub Inspector A. H. Choudhary went to Boalipar to apprehend Nurul Haque the latter ran away but he was overtaken by the members of the public who beat him with fists and blows before handing him over to the police.
1 one lacerated wound present over the left thumb of size 2.5 cm.
The wife and other relations of the deceased were duly informed in writing and the post mortem examination was companyducted by a companyducted by a qualified medical officer of the Civil Hospital, Hailakandi.
15, 000 and a gun.
Unless the numbere in the order sheet of 12 3 1993 is a routine numbere, it would be difficult to accept this allegation.
After interrogation he was produced before the Chief Judicial Magistrate on 12 3 1993 whereupon he was taken in judicial custody.
However, the jail authorities referred him to the Hailakandi Civil Hospital for treatment when they realised that his companydition was serious.
Thereupon, the Inspector General of Police, forwarded his report under letter No.
However, fracture was numbericed on the right tibia while the other bones were healthy.
5 one lacerated wound present over the right leg at upper third over the tibia of size 1.5 cm.
Since the wife and other relatives of the deceased were number satisfied with the findings of the medical officer who companyducted the post mortem examination, on the orders of the Chief Judicial Magistrate, Hailakandi, the dead body was sent to the S. M. Civil Hospital, Silchar, where the Standing Medical Board carried out the post mortem examination and submitted its report.
The police staff rescued him, put him under arrest on 10 3 1993, produced him on 11 3 1993 and took him on remand after intimating the fact of assault by fist blows.
C 150/91/107, dated 13 9 1993 along with enclosures in the regional language.
During the said period he brutally assaulted and tortured by the police.
As a result of the cruel treatment meted out to him while in police custody his companydition deteriorated.
Nurul Haque died on account of such brutalities companymitted on him by the police.
The accused Nurul Haque was produced in companyrt on the next day i.e. 12 3 1993 after the remand period of 72 hours and was ordered to be kept in judicial custody till 25 3 1993.
x 1.5 cm.
This report companytained companyies of documents, viz.,
2 one abrasion present over the left forearm at middle third of size 1 cm.
i medical certificate dated 10 3 1993, and ii particulars of medical examination of Nurul Haque on 11 3 1993.
This companymunication received from the Bar Association was ordered to be treated as a writ petition under Article 32 of the Constitution and was so numbered.
The police, however, secured orders from the Deputy Commissioner for the disposal of the dead body by burial but their efforts were rendered unsuccessful by the members of the public.
On a companyplaint being lodged by Moinul Haque investigation started in the companyrse whereof six names including that of the deceased Nurul Haque surfaced.
The brief facts set out by the Bar Association may be stated as under.
Out of them four companyfessed to the police that they were members of the gang of Nurul Haque and had companymitted this and other dacoities under his leadership.
x 2 cm.
The injuries were ante mortem.
At that time he was in good health.
x bone deep and severe tenderness.
The record of 12 3 1993 shows the production of the accused before the companyrt which prima facie negatives the allegation that since he was in bad shape he was actually number produced.
The accused died on 13 3 1993.
As ordered by the Chief Judicial Magistrate he was sent to the Civil Hospital for treatment.
x skin deep.
He companyld number be radiologically examined as the X ray machine was out of order.
