Asian Centre for Human Rights

Subject: Complaint against tortured to death of one Nitai Sarkar (35) Rakshmari area under Dhekiajuli police station of Sonitpur district of Assam on the evening of 7 November 2003.

Dear Justice Anand,

I am writing to seek immediate intervention of the National Human Rights Commission against tortured to death of one Nitai Sarkar (35) Rakshmari area under Dhekiajuli police station of Sonitpur district of Assam on the evening of 7 November 2003.

The four man- police patrol party of the 13th Assam Police Battallion reached the spot at Rakshmari Chak at 6-6.30 pm on 7 November 2003 where some people were playing cards. Mr Nitai Sarkar was watching the game. After seeing the police all those who were playing card fled the scene. However, Mr Sarkar was still standing. Mr Nitai Sarker who witnessed the game protested the action. Irritated by his protest, police brutally assaulted him with rifle butts. He died on his way to Guwahat near Kharupetia.

I shall be grateful if the NHRC could kindly intervene against tortured to death of Mr Nitai Sarkar and take the following measures:

- Direct the State Government of Assam to suspend the four police personnel who were responsible for the tortured to death of Mr Nitai Sarkar;

- Direct the State government of Assam to order a judicial inquiry into the tortured to death of Mr Sarkar;

- Direct the State Government of Assam to provide the autopsy report which should have been conducted in full conformity with the NHRC guidelines on custodial deaths/rapes to the NHRC;

- Direct the State Government of Assam to pay an interim compensation of Rs 500,000 (five lakhs) to the victim’s amily and the same be recovered from the guilty police personnel;

- Direct the Government of India to ratify the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and

- Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director