SECRETARY HAILAKANDI BAR ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) This case arises out of a notice issued to A. K. Sinha Casshyap, Superintendent of Police, Hailakandi to show cause why he should not be held guilty of Contempt of Court. The allegation against the contemner is that a shocking case of police brutality leading to the death of an undertrial prisoner was sought to be covered up by him by an untrue and misleading report sent to this Court followed by a false affidavit.

(2.) The Secretary, Hailakandi Bar Association, forwarded to this Court a copy of the resolution passed by the Association at an emergent meeting held on 16th March, 1993 condemning the brutal assault leading to the death of an undertrial prisoner Nurul Haque.

(3.) Having regard to the serious nature of the complaint, this Court by an order dated 20th August, 1993 decided to treat the copy of the resolution forwarded by the Secretary, Hailakandi Bar Association as writ petition under Art. 32 of the Constitution of India. The Director General of Police, State of Assam, was directed to inquire into the matter and send a detailed report in regard to the events leading to the death of Nurul Haque. Pursuant to the said order, the Director General of Police forwarded his report under letter No. C-150/91/107 dated 13th September, 1993. In the letter it was stated that the Director General of Police got the matter investigated by the Superintendent of Police, Hailakandi, who prepared a report which was forwarded to this Court along with a medical certificate dated 10th March, 1993 and particulars of medical examination of Nurul Haque done on 11th March, 1993. In the report prepared by the Superintendent of Police, it was specifically stated, "Nurul Haque neither died in police lock-up nor in police custody. He died while in judicial custody as UTP (undertrial prisoner). He was not tortured during the period of police custody."