Calling the recent shooting of former student leader Kirti Kamal Bora in Assam’s Nagaon district a “prima facie case of violation of human rights”, the Assam Human Rights Commission (AHRC) has issued a show-cause notice to the state’s chief secretary asking why the victim was not eligible for compensation as per Section 18, Protection of Human Rights Act, 1993.
Bora (22) was shot in the legs by the Nagaon police during an anti-drug operation on January 22, leading to a state-wide furore. The following day, Assam Chief Minister Himanta Biswa Sarma announced a one-man inquiry commission into the incident, headed by the state’s additional chief secretary. While the police have alleged that Bora was involved in the drug racket and attacked policemen, his family said he had been “wrongly framed”.
“It is felt necessary to issue notice to the Chief Secretary of Assam to show-cause as to why payment of compensation of Rs 1.5 lakh as interim relief to the victim should not be recommended as per Clause (c) of Section 18 of the Protection of Human Rights Act, 1993,” the AHRC notice said, giving time till February 28 for the response.
Clause (c) of Section 18 of the Protection of Human Rights Act, 1993 says that the commission may recommend to the government immediate interim relief to the victim, at any stage of the inquiry.
The incident comes at a time when the Sarma government has been under fire for increased police action on alleged criminals.
Speaking to indianexpress.com, an AHRC official said that they had not issued such show-cause notices in the recent police action cases, but was compelled to do so in this one because “encounters were rising rapidly in Assam.”
“At least 30 are dead, and 50 injured since May 2021. Every other day, there is news of an encounter,” said the official, adding that “there is no room for instant justice where rule of law is prevailing.”
In July 2021, the AHRC had taken suo motu cognisance of the encounters, asking the government to file a report. The official said that magistrates and superintendents of police of districts concerned had replied, but most reported the “same version”.
Meanwhile, the Gauhati High Court is hearing a public interest litigation on the encounters filed by advocate Arif Jwadder.
On Tuesday, the state government failed to file an affidavit on the details of the police encounters, as ordered by the Court on January 11. The state’s advocate general, Devajit Lon Saikia, sought extension of 10 days to file the affidavit. The next hearing is slated for February 8.