Disclaimer: This Site is maintained by Dr. Mukul Hazarika, co-ordinator of Assam Watch. While every effort has been made to provide authenticated information in this site, due to the nature of Human Rights information dispersal speedily, Dr. M Hazarika cannot guarantee total accuracy. However if a mistake is found, please contact Dr. Hazarika at assam.watch@virgin.net

ASSAM WATCH was formed on 1 October 1994 to monitor human rights

Violations mainly in Assam. It was FELT that due to the remoteness of the

Region, and the policy of the Indian government, gross violation of human rights

Have been going on without the knowledge of the International Community.

Assam Watch will endeavour to gather reports and research information,

on human rights in a wider context, on that part of the world so as to

inform the International Community of its FINDINGS and to urge the Indian

authority to abide by the United Nations charter on human rights to which

she is a signatory.

Assam remains difficult to access by Non-Indians for whom it is a relatively restricted area. Amnesty International has not been GIVEN permission to enter

Assam, NOR has Asia Watch been allowed back since 1992 when it was given

limited access to visit parts of Assam under the supervision of the Authority.

Assam Watch is to work maintaining close contact with Amnesty International and

other human rights groups. Since its inception it has come to learn of

the serious situation prevailing in the whole of north eastern India, Punjab

and Kashmir. HENCE, it was felt that the organisation would voice against

all violations of basic human rights conferred by the United Nations Charter.

Assam is situated in the heart of south -east Asia between longitude

89 and 96 degrees East and latitude 24 aND 28 degrees North, HOME of the

PREHISTORIC ONE HORNED RHINOCEROS. Area 78,438 square km.

Population: 25 million, being a mixture of ETHNIC AND various OTHER groups.

ECONOMY: Assam produces over half of the worlds TEA, half of India's OIL

and NATURAL GAS, has huge reserves of SILLIMANITE (Aluminum and Silica),

URANIUM, COAL, RICE, SUGAR, JUTE, also abundant TIMBER and other forestry

products.

LANGUAGE: Primarily Assamese, Bodo an ancient native language is gaining

importance. English is the unofficial second language.

Assam has been

established to be a thriving region since 1000 years BC and ample

archaeological artifacts are still in place to support this fact.

ASSAM, the NATION is a creation of the AHOM monarchy established in

1228 AD which flourished for 600 years uniting people most of whom are

TRIBALS and some ARYANS, forming a homogenous ASSAMESE mass. This unity

of the masses made it possible to fend off the invasions of the mighty

MOGHULS seventeen times.

As a result of altercations, leading to invasions at the end, by the

then KING OF AVA, Assam sought foreign help, i.e. of the British East

India Company. As a consequence, the King of Ava signing the TREATY OF

PEACE on 24 February 1826, the Company managed to get a foot-hold on

this ever independent soil and in 1838 outside any legal framework,

deposed the Ahom monarch and very shortly afterwards took control of

all the tributary territories. In 1858 the British Crown assumed

sovereignty over India and in 1874 by the virtue of Chief Commissionership

the whole of Assam with the hill tracts as a separate entity was made a

fully fledged part of the British India.

At the eleventh hour of Indian INDEPENDANCE, Assam's glorious past was

not taken into account and without giving due consideration to the wishes

of the majority of the people, Assam was made part of the Republic of

India on 15th August 1947.

Despite misgivings in the minds of the ASSAMESE, not wanting to be

part of erstwhile East Pakistan they tried to make the Indian constitution

work; but, in return, over the years they have been rewarded with

neglect, exploitation and a divide and rule policy leading to creation

of seven states from the one time Kingdom of Assam.

Further divisions have been encouraged by the administration, making

Assam vulnerable to disappear eventually altogether. Moreover,

Illegal immigrants

and economic migrants have been pouring into Assam with the blessings of the

authorities for over four decades changing the demographic pattern of

the region almost beyond recognition. A peaceful democratic mass

movement lasting from 1979-85 for detection and expulsion of these illegal

immigrants had to face the bullets of the paramilitary and was finally

silenced by force in the form of Assam Accord.

Failure of the democratic process has lead to the birth of ULFA,

UNITED LIBERATION FRONT OF ASOM (ASSAM), which has been spearheading

the campaign to return Assam to a SOVEREIGN State preferably by peaceful

means seeking right to self determination as enshrined in Article 1 (2)

and 55 of the UN Charter. UNFORTUNATELY, as if that was the cue the

Indian Administration was waiting for, the ARMY was let loose on the

People of Assam in November 1990, since then fully unreported RAPE and

GENOCIDE in a mass scale have been taking place in the country.

ASSAM WATCH NEEDS YOUR HELP IN HELPING THE ASSAMESE TO SURVIVE IN THEIR OWN LAND

MAKING SURE THAT ALL THE BASIC HUMAN RIGHTS CONFERRED BY THE UN ARE

UPHELD INCLUDING THE RIGHTS OF SELF- DETERMINATION.

Assam Watch is an independent and voluntary united kingdom based organisation working for the release of all prisoners of conscience, fair and prompt trials, an end to torture and Assam executions and self-determination of the people.

PERPETRATOR: Security personals and the self styled vigilantes (surrendered members of ULFA.

THE EVENT:

Date: - 24 June1994.

Time: - Early morning

Place:- Rajabari, Tangra Langchu.

On 24 June, around 6 A.M. a group of CRPF led by four vigilante members went to the village Rajbari, where eight unarmed members of ULFA were taking shelter. The security personals cordoned the village and raided some houses and caught five out of the Eight above-mentioned youths along with Mr. Pradip Barua of Setali and Mr. Subarna Konwar of Kachamari. One of them managed to escape. The Security persons, especially the vigilante members started torturing them at the spot asking them about more hideouts of ULFA. The first five has lost sense due to continuous inhuman torture and resumed to have died on the spot. Mr. Pradip Borua and Mr. Subarna Konwar were made to carry their comrade's bodies to an army vehicle. After that, both were tied up and taken away to an unknown destination. The bullet-ridden dead bodies of the five youths were handed over to the Nagaon Police Station at the evening of the same day. The custody of Pradip and Subarna was not divulged to the police by the army.

Next day morning Police informed three families of the victims were asked to identify their dead bodies, but refused to hand over the bodies to the family members. Two of the bodies were not even identified by their family members. The next day, i.e. on 26 June 94 the Nagaon Police burned down the five dead bodies violating all religious and traditional rules and norms without informing the family members.

Mr. Pradip Borua and Mr. Subarna Konwar remained untraced.

Aftermirth reaction to the incident:

The local people and various democratic organisations condemned the killing and use of vigilante members and demanded a judicial inquire in to the incident and to find out the two untracked youth. The family members of Mr. Pradip and Mr. Subarna went to the Guwahati High Court and filed a Habeas Corpus. The High Court ordered the District Administration and the CRPF authority to hand over them immediately. But both the authority denied the arrest and The High Court disposed the case.

Follow up:

One year later, on 24 Jun 95, the family members of Pradip and Subarna along with one other untraced youth's family, Mr. Rudra Deka of Niz-Dimow, who was picked up by the same group on 15 May' 1994, started hunger strike in front of the Office of the district Magistrate of Nagaon. The Nagaon Police tortured the family members and arrested them. In the evening they were released from Police custody. They continued the hunger strike up to three days at the office of the Nagaon district AASU, near the District Magistrate's office. In the mean time 13 other democratic organisation of the district support the justice seeking family members and joined them. On 28 Jun, Mr. P. M. Mahanta, Ex-Chief Minister, then leader of the opposition of Assam assembly requested the family members to stop hunger strike, assuring them to bring the matter to the higher authority and ensure Justice. But, even though Mr. P.K.Mahanta has come back to power as Chief Minister of the State, no action has been taken so far.

DISAPPEARENCES

[I] Name:- Mr. Subarna Konwor.

Age- 26 Yrs.

Son Of:- Mr. (Late) Mohan Sing Konwor.

Village:- Kachomari.

Police Station:- Nagaon.

District:- Nagaon, Assam, India.

[ii] Name:- Mr. Pradip Barua.

Age- 28 Yrs.

S/O:- Mr.(Late) Nandiram Borua.

Vill.:- Setali.

P.S.:- Nagaon.

Dist.:- Nagaon, Assam, India.

PERPETRATOR: Paramilitary Force(BSF) of India.

THE EVENT:

Date:- 24 June 1994.

Time:- 6 A.M.

Place:- Rajabari, Nagaon.

On 24 Jun early in the morning, a group of Paramilitary Force guided by four-vigilante members went to the Rajabari village in search of ULFA members. They found eight youths taking shelter in a residence of the village. They cordoned the house and caught seven of them. They were Mr. Sobarna Konwor, Mr. Pradip Barua, Mr. Bishwajit Bora of Raidongia Gaon, Mr. Putul Medhi of Roha, Mr. Charan Sing Bordoloi of Dolongghat, Mr. Hiranya Borua of Chakalaghat; Mr. Hemen Nath of Hatichung (all from Nagaon District) and one of the eight youths managed to escape. Security personals started torturing brutally on the spot and killed the last five. Then they carried these dead bodies with the help of Mr. Konwar and Mr. Pradip Barua to their vehicle. In the evening they handed over five dead bodies to the Nagaon Police stating that they were killed during an encounter (Police burned all five dead bodies on their own, even without identification of two bodies). They kept the arrest of Mr. Sobarna Konwar and Mr. Pradip Barua a secret. When their family members came to know about the incident, they went to the District administration, but could not to get any information about Mr. Sobarna Konwar and Mr. Pradip Barua.

FOLLOW UP:

The family members of both victims went to the Guwahati High Court and filed a Habeas Corpus. The High Court ordered the District administration to find out the victims and produced them before a Magistrate. But the District administration filed an Affidavit stating that the said persons were arrested neither by Police, nor by Army or Paramilitary Forces. Failing to produce any eyewitness by the petitioner, the High Court disposed the petition.

CASE NO. 003. MASS/EID/94

Name:- Mr. Rudra Deka.

Age- 27 Yrs.

S/O:- Mr.(Late)Laheswar Deka.

Vill.:- Niz- Dimoi.

P.S.:- Nagaon.

Dist.:- Nagaon, Assam.

PERPRETATOR:- Indian Paramilitary Force.  

THE EVENT:

Date:- 16 May 1994.

Time:- Around 3 P.M.

Place:- Kachamari, Nagaon.

On 16 May '94, around 3 P.M. Mr. Rudra Deka was cycling on the Nagaon- Chakalaghat road. In the mean time he faced a vehicle of paramilitary force guided by some vigilante members searching for nationalists. The vehicle stopped in front of Mr. Rudra Deka and paramilitary caught him with the help of the vigilante members. They beat him up and then took him away picking his bicycle d up from the road near Kachamari. A teacher, who was working in his paddy field, saw that Security personals picking up one youth with his bicycle. Next day his family members went to the district administration of Nagaon District to find out the whereabouts of Mr. Rudra Deka. But the district administration expressed their ignorance about the case.

FOLLOW UP

Then the family members went to the Guwahati High Court and filed a Habeas Corpus. The High Court ordered the District, Paramilitary and Army authority to give information about Mr. Ruder Decca and to produce him before a Magistrate immediately. But, the District administration, the Army and Paramilitary force submitted Affidavits stating that all they never arrested any person, whose name is Mr. Rudra Deka. After that the family members also failed to collect any eyewitness of the case, so High Court dispose the case.

Till date he is untraced. Bur the family members were from a reliable source came to know that Mr. Rudra was kept in a camp near to Nagaon town up to three months after his arrest.

MASS

From: Mr. Lachit Bordoloi.

Secretary General

Manab Adhikar Sangram Samiti(MASS)

Udangshri Building, Ananda Nagar,

Bamunimoidam, Guwahati-21

Assam, India.

To: Amnesty International,

International Secretariat.

Attn.: Ms. Sangeeta Ahuja,

South-Asia Team.

Dear Ms. Sangeeta,

We are sending herein an interim Court order of a `disappearance' case of Mr. Abhijit Kalita we documented and were sent to you previously. We came to know from your Group no. N-299, that they are working on the disappearance case of Mr. Biplob Gohain. We also informed them some other disappearance cases including the case of Mr. Abhijit Kalita. So if you think it necessary, you can informed them of this development, because we don't have their E-mail number. If you want News Clips of this case, let us know. We can send those by post.

Let me take this opportunity to request you to do something about the rape cases that took place during last year, i.e. 1997 and also in this year.

Thank you for your attention.

Yours sincerely,

Lachit Bordoloi

Secy. Gen. MASS.

CASE NO. 004. MASS/EID/97.

Name:- Mr. Abhijit Kalita, Age-28 Yrs.

S/O:- Mr. (Late) Debadhor Kalita.

Vill:- Pitha Khowa, Bihaguri.

P.S.:- Tezpur

Dist:- Sonitpur, Assam, India.

Marital status:- Married.

  ULFA.

PERPETRATOR:- Indian Army operating in the area.

EVENT:

Date:- 8 June 1997.

Time:- 9:30 A.M.

On 8 Jun'97, at around 9-30 A.M., Mr. Abhijit Kalita along with his wife and a friend entered the house of Mr.Aditya Pathak of Sialmari village to have a drink of water. In the mean time, a group of Army entered the house and chased Mr. Kalita and his friend. His wife and his friend managed to escape running away, but Mr. Abhijit Kalita was caught in a nearby paddy field by the Army. Army brought him to the house and asked the Pathak family members if Abhijit was a member of their family. Then the Army raided the next door in search of his wife and picked up one Mr. Prahlad Pathak from the house of Mr. Ananta Kummar Haloi, who were released after some time. Then Army put Mr. A. Kalita in their vehicle and took him away in front of the villagers.

FOLLOW UP:

Next day Mr. Amitabh Kalita, the younger brother of Mr. Abhijit Kalita went to Nalbari to enquire about his brother, but he could not find him. The Police and Army authority expressed their ignorance about his brother. He immediately went to the Guwahati High Court and filed a Habeas Corpus (Civil rule(HC)No. 378/97). The High Court ordered the Army administration to hand over Mr. Abhijit immediately to the Police and also asked the District administration to submit an affidavit. Both the authorities submitted their affidavit stating that Army did not arrest any person named Mr. Abhijit Kalita. High Court disposed the petition thereafter. But again on 10 July'97, Mr. Amitabh Kalita, brother of Mr. Abhijit, filed another petition along with three affidavits of the eyewitness from that village where Mr. Abhijit Kalita was arrested. Court admitted the petition (Review Application No.10/98, in Civil Rule No.-(HC)- 90/97) and after hearing the case, Court ordered the Govt. of Assam to hold an inquiry, appointing the Sub-Divisional Magistrate of Nalbari District to conduct it. When the report was submitted to the High Court, it was mentioned that one boy was picked up from that locality. But in the Court the Army authority tried to deny of the arrest again. On 20. 02. 98 the High Court in an interim order, directed the army authority to deposit one Lakh Rupees as `interim compensation', which was not carried out by them. On 10.03.98 the Court extended the time to 28.03.98 to deposit the amount and also directed the State and Central Government to make all efforts to search the missing Abhijit and submit their reports".

____________________________________________________________________________________________________________________________________________

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM: MEGHALAYA: NAGALAND: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH).

Review Application No.- 10/98,

Civil Rule No. -(HC)- 90/97.

Union of India & others. : Petitioner.

Vs

Sri Amitabh Kalita :: Respondents.

-PRESENT-

THE HON'BLE MR. JUSTICE V. D. GYANI

THE HON'BLE MR. JUSTICE N. C. JAIN.

For the Petitioner :- Mr. K.P. Sarma,

Addl. C.G.S.C.

For the Respondent:- Mr. A.K. Bhattacharyya,

Mr. A.C. Borbora.

Mr. B. D. Konwar, Advocates.

Date of Order, : 10.3.98.

O R D E R:

This review application arises out of an interim order passed by this Court on 27.2.98. in C,R.(HC) 90/97 thereby making certain directions as regards payment of interim compensation to the widow mother of the victim Sri Abhijit Kalita. Learned Standing Counsel for Union of India, referring to the inquiry report has made an attempt to point out certain defects therein pertaining to the involvement of the Armed Forces, according to him there is no specific finding. Be that as it may, it is a matter to be heard and disposed of at the final stage, we are still at the interlocutory stage. Civil Rule (HC) 78 of 1997 as directed yesterday has also been placed before us. Learned Standing Counsel for the Union of India submits that there is a genuine technical difficulty in complying the order for payment as compensation as directed. He also expressed that if the court directs the amount of interim compensation can be deposit within 2/3 days, but it will be withdrawn from the recurring heads. If that be so considering the nature of the case and the relief extended to a widow mother, in our minds, the financial rules should not come in the way of depositing the amount of compensation and the authorities concerned, can cite this order in support of their action. Time for depositing the compensation has already expired yesterday; the same is extended till 20. 3. 1998. While deliberations, and debate was going on in the Court, the fact remains that the person reported to be missing has not yet been traced much less produced before the Court and it appears both the State as well as Union of India are waiting for a direction from this Court, it is their primary duty, no direction is necessary from the Court when the person is missing for last 8 months, the respondents should made all efforts by now for tracing Abhijit Kalita. We hereby direct the authorities both State and Central Government to take all out efforts to search the missing boy and submit report. It is made clear that merely sending W.T. massage will not serve the purpose. The Supdt. of Police, Nalbari is specifically directed to see and supervise the efforts made for tracing out the missing Abhijt Kalita and submit his report by 20. 4. 98.

Colonel Surindra Sing and Colonel Kapil Dev, they are present in person, their personal presence is dispensed with until further orders. List this petition for further hearing and order on 28. 4. 98.

sd/- N.C. Jain. Sd/ - V.D. Gyani

Judge. Judge. 

(This letter sent by the family members of the three untraced youths, Rudra-Subarna-Pradip of Nagaon)

From: The family members of (I) Mr. Rudra Deka of Niz Dimow, Nagaon. Assam.

(ii) Mr. Suborn Know of Kashmir, Nagano. Assam.

(iii) Mr. Pradip Barua of Setali, Nagaon. Assam.

who were untraced since 15 May and 24 June of 1994 after arrests by Security forces of the State.

Total Page: 4 (four) pages. 

To,

(1) The Hon'able President of India, New Delhi.

(2) The Hon'able Chairman, National Human Rights Commission, New Delhi.

(3) The Hon'able Prime Minister and Home Minister of India, New Delhi.

(4) United Nations Human Rights Commission( Unit concerned with Disappearance)

(5) Other International Human Rights Organisation

(6) Local and National Media.

(7) The Chief Minister of Assam, Dispur.

Sir,

With due respect we the undersigned family members of Mr. Rudra Deka, Mr. Pradip Barua and Mr. Subarna Konwar respectively, who untraced since 15 May and 24 June of 1994 after arrested by the Security forces of the State, have sent this earnest request to your kind interference. We are still hoping that we will be able to get back our above mentioned three family members as a result of your kind activities or we will be free from last four years long uncertainty and our mental worries if you got the proof of their death, if they have been killed.

The details of the three untraced youths and the incidents are attached herein.

[I] Name:- Mr. Rudra Deka.

Age- 27 Yrs.

S/O:- Mr.(Late)Laheswar Deka.

Vill.:- Niz- Dimow,

P.S.:- Nagaon.

Dist.:- Nagaon, Assam.

Background:- A member of banned armed organisation ULFA.

PERPRETATOR:- Indian Paramilitary Force, operating in that area.

EVENT:

Date:- 16 May 1994

Time:- Around 3 P.M.

Place:- Kachamari, Nagaon. 

On 16 May'94, around 3 P.M. Mr. Rudra Deka was cycling on the Nagaon- Chakalaghat road. In the mean time he faced a vehicle of paramilitary force guided by some vigilante members searching for nationalist activists. The vehicle stooped in front of Mr. Rudra Deka and paramilitary caught him with the help of the vigilante members. They also took his bicycle and beating him picked up from the road near Kachamari. A teacher, who was working in his paddy field, saw that Security personals picked up one youth with his bicycle. Next day his family members went to the district administration of Nagaon District to know the whereabouts of Mr. Rudra Deka. But the district administration expressed their ignorance about the case.

FOLLOW UP:

Then the family members went to the Guwahati High Court and filed a Habeas Corpus. The High Court ordered the District, Paramilitary and Army authority to inform about Mr. Rudra Deka and to produce him before a Magistrate immediately. But, the District administration, the Army and Paramilitary force submitted Affidavits stating that all they never arrested any person, whose name is Mr. Rudra Deka. After that the family members also failed to collect any eyewitness of the case, so High Court disposed the case. Till date he is untraced. Bur the family members were from a reliable source came to know that Mr., Rudra was kept in a camp near to Nagaon town up to three months after his arrest.

[ii] Name:- Mr. Subarna Konwor.

Age- 26 Yrs.

S/O:- Mr. (Late) Mohan Sing Konwor.

Vill.:- Kachamari.

P.S.:- Nagaon.

Dist.:- Nagaon, Assam, India.

Background:- Member of banned armed organisation ULFA.

[iii] Name:- Mr. Pradip Barua.

Age- 28 Yrs.

S/O:- Mr.(Late) Nandiram Borua.

Vill.:- Setali.

P.S.:- Nagaon.

Dist.:- Nagaon, Assam, India.

Background:- Member of banned armed organisation ULFA.

PERPETRATOR:- Paramilitary Force(BSF) of India.

EVENT:

Date:- 24 June 1994.

Time:- 6 A.M.

Place:- Rajabari, Nagaon.

On 24 Jun early in the morning, a group of Paramilitary Force guided by four vigilante member went to the Rajabari Village in search of ULFA members. They found eight youth were hiding in a residence in the village. They cordoned the house and caught seven youths, namely Mr. Subarna Konwor, Mr. Pradip Barua, Mr. Bishwajit Bora of Raidongia Gaon, Mr. Putul Medhi of Roha, Mr. Charan Sing Bordoloi of Dalongghat, Mr. Hiranya Borua of Chakalaghat, Mr. Hemen Nath of Hatichung (all from Nagaon District) and one of the eight youths managed to escape. Security personals started torturing brutally in the spot and killed the last five. Then they carried these dead bodies with the help of Mr. Subarna Konwar and Mr. Pradip Barua to their vehicle. In the evening they handed over five dead bodies to the Nagaon Police stating that they were killed during an encounter (Police burned all five dead bodies themselves, even without identification of one by his family members). The security force kept the arrest of Mr. Subarna Konwar and Mr. Pradip Barua a secret. When their family members came to know about the incident, they went to the District administration, but could not get any information about Mr. Subarna Konwar and Mr. Pradip Barua. 

FOLLOW UP: 

The family members of both victims went to the Guwahati High Court and filed a Habeas Corpus. The High Court ordered the District administration to find out the victims and produced them before a Magistrate. But the District administration filed an Affidavit stating that they were neither arrested by Police, Army or Paramilitary Forces. Failing to produce any eyewitness by the petitioner, the High Court disposed the petition. We had gone to Guwahati High Court seeking trace of these three youths, the state administration submitted false affidavit in the court and we were unable to give new proof against the false affidavit and thus we did not get justice from the Court. 

On 27th June '94 we the all members of the three families, went on hunger strike in front of the Deputy Commissioner's Office of Nagaon, demanding information of Mr. Rudra, Mr. Subarna and Mr. Pradip. We wanted to submit a memorandum to the D.C. (Nagaon District), but the district administration arrested us torturing the brother of Mr. Subarna Konwor, one hour later by the Assam Police and took us to Nagaon Police Station. At 4 p.m. we were released and we continued our Hunger Strike in the office of Nagaon District unit AASU (In front of D.C. Court). Many other democratic and Human Rights Organisations support and fully co-operated with us. Among the organisations are Asom Gana Parishad (the opposition party in Assam State Assembly), AASU, AJYCP, Asom Yuba Parishad, MASS, GASS, Nagaon District Mahila Parishad (a female wing of AGP), TTVF etc. These organisations submitted memorandum and took part in our strike on 29th and 30th June ' 94. On 30th June the then leader of the opposition and present Chief Minister of Assam came to our strike and assured us that he would take the matter at national stage by which we would be able to get justice and he request us to break our hunger strike. The other democratic organisations also request us to break the strike assuring that they would continue their protest until we get justice and we broke our hunger strike. On 30th June the various organisations submitted a memorandum to Nagaon D.C. demanding necessary action within seven days, otherwise they would organise a democratic movement. But when the district authority did not take any action, on 10 July'94 all the organisations staged a strike in front of the office of the D. C. of Nagaon, where we were also present. The Police force `Lathi charged' us (charge with sticks) and 8 women including our family members were injured. Against the `Lathi charge' on 14 July, the democratic organisations called for Nagaon `Bandh' (total closed). Again on 18-19 and 20 July, the democratic organisation of the District stage sit-in-strike in front of the D.C. Court, Nagaon, where the central leaders of various democratic organisation including Ex- Chief Minister Mr. Sarat Chandra Sinha, took part. Every day Police arrested the protestors. Even after that, the District authority did not took any steps. So, again on 14 August'94, the democratic organisations held a hunger strike and on 15 August' 94, on the `Independence Day', the organisations called for a Nagaon District `Bandh', boycotting all programs of the Independence Day celebration. Inspite of this continuous mass protest, the District administration took no action and express their ignorance. Mr. Prafulla Kumar Mahanta, then opposition leader and to-days Chief Minister of the State, who assured us Justice, forgotten the matter.

In such a situation, we the family members of three untraced youths, seek your help to find out our boys alive and if they were killed, at least to get the confirmed news of their deaths, which will reduce the sufferings of our families. We earnestly request you to take necessary action to this end.

Thank you for your attention---

On behalf of the family members of Rudra-Subarna-Pradip,

(Family member of Mr. Rudra Deka)

Niz Dimow,

Nagaon.

(Family member of Mr. Subarna Konwor)

Kachamari, Nagaon. 

(Family member of Mr. Pradip Barua)

Setali, Nagaon.

N.B.: We are very much interested to know the developments of this case. So, we would like to request you to inform us, the developments or any steps taken by you, directly or to MASS, the Human Rights organisation of Assam.

Address of MASS-

Manab Adhikar Sangram Samiti.

Udangshri Building, Ananda Nagar.

Bamunimoidam, Guwahati-21.

Assam, India.

Phone-- + 91, 361 550 301.

E-mail- mass@XCEN.xeegau,xeemail,ems,vsnt,net.in. 

(The status report of CBI submitted to the Guwahati High Court regarding the disappearance case of Mr. Biplob Gohain, untraced from Army custody since Oct' 1996)

STATUS REPORT IN CBI, ACB, GUWAHATI BRANCH NOW GUWAHATI CASE NO PE 14(A) / 97SHG REGISTERED UNDER THE DIRECTION OF THIS HON' BLE HIGH COURT, GUWAHATI IN CIVIL RULE NO.(HC) 58 OF 1996 DATED 11.2.97

Background:

One Sri Diganta Gohain, S/o Sri Rajeswar Gohain resident of village Bharalua, P.S. Chabua, Dist. Dibrugarh (Assam) filed a writ petition before the Honourble High Court, Guwahati under category code no. 10190 under Article 226 of the constitution of India praying therein before the Lordship for issuance of a writ of Habeas Corpus to produce one Biplob Gohain, s/o Sri Rajeswar Gohain, the elder brother of the petitioner. In this petition, the Hon'ble Chief Justice of Guwahati High Court under his order dated 11.2.97, directed Supdt. of Police, CBI, Shillong to conduct investigation into the case and find out as to whether the version put forward by the petitioner about apprehension of the detainee Sri Biplob Gohain is correct or not. The Honorable Chief Justice has also desired that the investigating agency should submit status report within a period of three months from the receipt of the order. The said order was not received by the CBI, however, another order has been received which contained that the status report is required to be filed before this Honorable Court on 29/10/97, 29/10/97 being the holiday, the report is required to be submitted before the Lordship on 4/11/97 or any other date.

Allegation:

The case PE 14(A)/ 97SHG has been registered in this branch of CBI on 23/10/97 after getting administrative clearance from the Head Quarter of CBI. The allegation in brief of the case is as under:

It is alleged in the Habeas Corpus petition under Article 226 of the Constitution of India that the said petition has been filed by Sri Diganta Gohain, S/o Sri Rajeswar Gohain resident of Vill- Bharalua, P.S. Chabua, P.O. Dinjong, Dist.-Dibrugarh(Assam) alleging that in the night of 9-10-10-96 at about 1 A.M. some unknown Army Personnel entered the rented house of Biplob Gohain at Naliapool, Dibrugarh(Assam), asking unwarranted questions, tortured Biplob Gohain and in critical injured condition he was taken away from his house on that very night to an unknown destination by the said Army Personnel. It is further alleged that the petitioner, the brother of the detainee came to know about the incident in the morning of 10-10-96 through some of his friend. On inquiry in the area of Naliapool learned that the Army personnel from Dibrugarh Camp had taken away Biplob Gohain to some unknown destination.

It is also alleged that the detainee Sri Biplob Gohain was neither produced before the Magistrate or Police Station, nor any information regarding his whereabouts and reason for his detention was disclosed or intimated to the Guardian/relatives by the Administration.

Facts disclosed at the inquiry:

Soon after registration of this PE, the I.O. Sri K. M. Das, Inspector of this branch was immediately deputed to make field inquiry at Dibrugarh and surrounding areas. Accordingly, I.O. visited Dibrugarh and its surrounding area on 27th onwards. The inquiry conducted so far revealed that said Biplob Gohain, S/o Rajeswar Gohain was residing in a rented house belonging to Birua Mahato, Naliapool, Sankardev Mandir Road, Dibrugarh. Actually the enquiry has disclosed that the room in which Biplob Gohain had been living was rented out to one Ms. Sangeeta Barua, D/o Bisheswar Barua of Harabari, Konwargaon, Lahoal, Dist.- Dibrugarh(Assam).

The enquiry also disclosed that Ms. Sangeeta Barua has taken few rooms on rent in the same locality from one Sri Uttam Mech, an employee of N.F. Rly, Dibrugarh. Ms. Sangeeta Barua has been staying in this house along with her two brothers viz. Bijoy Barua and Binoy Barua and sister Moushumi Barua.

Ms. Sangeeta Barua has been studying in the Law College at Dibrugarh. Her father Sri Bisheswar Barua has been examined. He could not give whereabouts of his daughter. He has stated that his daughter Sangeeta has not met him since 10/10/96. Accordingly, he lodged a complaint in the Police also vide General Dairy Entry No, 385 dtd. 10/10/96 as reported before O/C Dibrugarh Police Station that on 9/10/96 at about 10. 30 P.M. unknown Army personnel has taken away his two daughters and two sons and he did not have any information about their whereabouts. He further stated that he got the information about both sons on the next day from Dibrugarh P.S. and his one son Binoy was handed over to him on 12. 10. 96. Whereas another son Bijay was forwarded to the Court and released on bail after about 2 months. Sri Bisheswar Barua did not say anything about the whereabouts of his both daughters. The enquiry has further revealed from locality that the second daughter Maushumi Barua has been married to one Rana Gogoi of Geleki, Nazira, Sibsagar in the month of July, 1997. Nobody could tell about the whereabouts of his elder daughter Sangeeta Barua.

But it is worth mentioning here that Smt. Sangeeta Barua has filed an affidavit before the 1st Class Magistrate, Dibrugarh on 3.12.96. The copy of which already attached with the main Writ petition.

Enquiry has also disclosed that on the same fateful night the Army had carried out raids in Naliapool area and carried out search in the house of Uttam Mech and arrested both the brothers of Ms. Sangeeta Barua viz. Bijoy Barua and Binay Barua and then on the disclosure made by them, they carried out search in the house of Birua Mahato also of the same locality and arrested Biplob Gohain from that house and Biplob Gohain was taken away by the Army personnel along with Ms. Sangeeta Barua and Ms. Mousumi Barua and their two brothers, as per Police record these two brothers, Bijay Barua and Binay Barua were arrested by the Army on the same night and subsequently handed over to the Police. But there is no record about the arrest of these two girls and said Bipolb Gohain.

The enquiry conducted in the locality disclosed that on the said fateful night the Army personnel picked up Biplob Gohain from the rented house of Birua Mahato, Naliapool, Dibrugarh and also conducted search of that room where he was staying.

It is also revealed that both the brothers of Ms. Sangeeta Barua, viz Binoy Barua and Bijay Barua was also arrested and thereafter they had not visited that area. The household materials were taken away by Bisheswar Barua, the father of Ms. Sangeeta Barua subsequently and vacated the house of Mr. Uttam Mech. As regards the personal belongings of Biplob Gohain as informed by Mrs. B. Mahato, W/o the owner of the house were taken away by Army personnel on the same night.

On scrutiny of the Writ petition and the counter affidavit filed by Army, it revealed that there were some case of extortion registered in Dibrugarh and Moran Police Station, on the basis of complaint filed by some persons. Enquiries were conducted in the Police Station at Dibrugarh and Moran that revealed that there is no such case registered in either of the P.S. about extortion against Bipolb Gohain during the month of October, 1996. However detailed enquiries are being conducted on these lines.

What remains to be done:

To conduct detailed enquiries in the Naliapool area to find out the truth regarding the apprehension of Biplob Gohain by the Army on the night of 9-10/10/96. Enquiries to be conducted from Ms. Sangeeta Barua and her younger sister, Ms. Maushumi Barua. Ms. Maushumi Gogoi is presently residing at Nazira after marriage to Rana Gogoi of Nazira, Geleki. Enquiries to be conducted in different Police Stations under Dibrugarh and Tinsukia District to find out the truth regarding the apprehension of Biplob Gohain. Enquiries is to be conducted in the Army Camp to find out as to who were the persons carried out raid on that fateful night in Naliapool, Dibrugarh and other records pertaining to the same to be sized.

In view of the facts and circumstances, as discussed above it is prayed before the Lordship to grant 4 months time to complete the inquiry in this case and to enable the investigating agency to submit report before the Honorable High Court. SD/-

Supdt. of Police,

CBI, ACB, GUWAHATI. dtd. 3/11/97.

er stated that he got the information about both sons on the next day from Dibru_1f Human Rights violation took place in Assam. )

Thanking you.

Mr. Ajit Bhuyan Mr. Lachit Bordloi

Chairman, MASS, GeneralSecretary,

Editor, `Natun Samoy', Manab Adhikar Sangram Samiti(MASS)

Rajgorh Link road, Ananda Nagar, Bamunimoidam. Guwahati-21

Guwahati- 781001, ASSAM, India

Assam, India, Ph-0361 550301

Ph- 0361- 540767/ 540422.

CASE NO. 001.

MASS/EJD/98

RE ARREST OF A JOURNELIST AND HUMAN RIGHTS DEFENDER.

Name:- Mr. Prakash Mahanta.

Age- 36 Yrs.

S/O:- Mr. Achinta Mahanta.

Vill.:- Singia Putani, Uriagaon.

P.S.:- Nagaon.

Dist:- Nagaon, Assam, India.

Background:- Journalist of Assamese Weekly `Natun Samoy' and owner of a Fish

  farm

PERPETRATOR:- Mr. Harmit Sing,I.P.S.

Background Information:- Mr. Prakash Mahanta is a very determined Journalist,who has refused all sorts of proposal to compromise from the ruling AGP leaders and published many anti-people activities and corruption of the ministers, specially the Chief Minister and the Food and Civil Supply Minister, who belong to the same District, i.e. Nagaon. The Chief Minister was also elected from the Barhampur Constituency, which is home constituency of Mr. Prakash Mahanta and now Mrs. Jayshree Goswami Mahanta, Wife of Chief Minister, an AGP candidate as an M.P., where she has to face big opposition. In last two editions of weekly ` Natun Somoi', Mr. Prakash Mahanta wrote two very solid news item/election analysis, which seems to be have been very harmful to the AGP, especially for Mrs. Jayshree Goswami Mahanta. Moreover as a social worker, human rights activist (Central Executive member of Manab Adhikar Sangram Samiti, MASS,) and a journalist he is very popular in the locality. Thus he created a big threat to the sitting MLA cum Chief Minister.

Mr. Prakash Mahanta was arrested in August' 97 under NSA for publishing a leaflet by the Nagaon District unit of MASS and also under some false allegations of having links with the banned armed organisation ULFA. But, the Advisory Board was not convinced with the allegations made against him and they released Mr. Prakash Mahanta. The Chief Minister then dissolved the Advisory Board.

THE EVENT:-

Date:- 7 February 1998.

Time:- Around 3:30 P.M.

Place:- Singia Putani, Uriagaon.

Case No Under which victim is detained:-Nagaon P.S.- 853/97 and942/97u/s120(a)/121(a)IPC.

On 7 February, Mr. Prakash Mahanta was busy with a religious function arranged at the residence. When the function was over by 3 P.M., Mr. Prakash Mahanta and his family members were taking food in their courtyard. At that time a group of `Black Panther' Police led by the S. P. of Nagaon District suddenly cordoned the house and caught Prakash. In front of the family members, they mercilessly beaten Mr. Mahanta with an iron stick and blindfolded him with black strips of cloths. Mrs. Snigdharani Mahanta, wife of Mr. Prakash Mahanta and his mother tried to save Mr. Mahanta, but the `Black Panther" personals also beat both women with the butts of their guns. One Officer beating him said that they would teach him a lesson for writing against Chief Minister and his wife. They also destroyed some furniture and other materials of his house. After a half an hour of brutal torture, Prakash was dragged out from his house blindfolded and was put on the floor of the 'Maruty Gipsy' Van of the Superintendent of Police and took him to the Nagaon Police Station. Before raiding his house Police went to his Fish Farm, about a Kilometer away from his residence and destroyed the Farmhouse and other property of the Farm.

FOLLOW UP:

Due to continuous bleeding, Police took him to the Kanaklata Civil Hospital for check up. The Doctor who attended him advised them to admit him to the Hospital, but Police refused to admit him and take him back to Police Station. Next day, on 8 February Prakash was produced before Judicial Magistrate of Nagaon. The Magistrate refused the request of Police for granting three more days `Remand' and sent him to Nagaon Special Jail under Judicial custody giving special instruction for providing treatment. But even after the instruction he was not admitted in the hospital. 

CASE NO. 002.

MASS/EJE/98

Name:- Mr. Atul Gohain.

Age- 36 Yrs.

S/O:- Late Bapuram Gohain.

Vill.:- Athgaon.

P.S.:- Forkating.

Dist.:- Golaghat, Assam, India.

Background: Member of banned armed organisation ULFA.

PERPETRATOR:- Assam Police and Paramilitary forces operating in the area.

THE EVENT:

Date:- 1 February 1998.

Time:- 7 A.M.

Place:- Thekaraguri, Titabor, Jorhat.

On 31 January '98, Mr. Atul Gohain, his wife and three other members of ULFA, took shelter in the village Thekaraguri. Getting the information Police and Paramilitary forces cordoned the village next morning i.e. 1 February and raided some houses of the village. When the ULFA members came to know about the Police raid, they tried to escape, but Police chased them and caught Mr. Atul Gohain. After the arrest Police tortured him asking about his colleague. When he refused to locate more activists, Police shot him dead at the village. Later on, Police statement said that Mr.Atul Gohain died in an encounter.

CASE NO. 003.

MASS/EJE/98

Name:- Mr. Muzammil Hussain.

Age- 25 Yrs.

Vill.:- Bangalmara.

P.S.:- Bihpuria.

Dist.:- Lakhimpur, Assam.

Background:- Member of ULFA, an armed opposition group active in Assam.

PERPETRATOR:- 3 Mahar Regiment of Indian Army operating in the area.

THE EVENT:

Date:- 9 Janury 1998.

Time:- 4:30 P.M.

Place:- Pandhowa.

Mr. Muzammil Hussain was taking shelter in a house at Pandhowa village. Armed with intelligence report a large contingent of Army cordoned the house and ordered him to surrender. When Mr. Muzammil come out from the house in a surrender posture, soldiers opened fire and shot him dead. Later on, Army handed over his dead body to the police stating that Mr. Muzammil Hussain died in an encounter.

CASE NO. 004.

MASS/EJE/98

Name:- Mr. Jiten Saikia.

Age- 35 Yrs.

S/O:- Late Chaniram Saikia.

Vill.:- 4 Kaki BaliSatra.

P.S.:- Kaki.

Dist.:- Nagaon, Assam, India.

Background: Member of banned-armed organisation ULFA.

PERPETRATOR:- Police Black-Panther and Garowal Regiment of Indian Army operating

in the locality.

THE EVENT:

Date:- 23 February 1998.

Time:- Last at night.

Place:- No. 2, Kaki Diphalu Gaon.

CASE NO. 005.

MASS/EJE/98

Name:- Mr. Keshab Kachari.

Age- 24 Yrs.

S/O:- Mr.Tankeswar Kachari.

Vill.:- Jamira Gaon, Nitai Panidihing.

P.S.:- Dimow.

Dist.:- Sibsagar, Assam.

Background:- Alleged to be a member of banned armed organisation ULFA.

PERPETRATOR:- Indian army operating in that area and camped at Joysagar, Sibsagar.

THE EVENT:

Date:- Arrested on 10 January and killed on 25 January 1998.

Place:- Arrested from Baliaghat Tiniali and killed at Raghubari of Sibsagar

  District.

On 10 January '98 army picked up Mr. Kachari from Fakum Baliaghat Tiniali near Dimow. When the family members came to know about the arrest and also realising that army kept the detention secret, they went to the District Magistrate and submitted a petition to release him. But, after 15 days of arresting Keshab, army handed over his dead body to the Sibsagar Police on 25 January stating that he died in an encounter at Dikhowmukh Raghubari and that they also recovered some incriminating materials from his possession.

FOLLOW UP:

The family members and the local people and various organisations expressed that he was killed in the army custody. The local organisation like AASU, AJYCP etc demanded a judicial enquiry in to the incident and the family members went to the Guwahati High Court to file a case.

CASE NO. 006.

MASS/RAPE/98

Name:- Mrs. Tukheswari Rava.

Age- 37 Yrs.

W/O:- Mr. Putu Rava.

Vill.:- Ravapara, Mulagaon.

P.S.:- Bongaigaon.

Dist.:- Bongaigaon, Assam.

Background:- Housewife.

PERPETRATOR: Mr. Prafulla Kalita and Mr. Promod Hazarika of 109th Battalion,

Border Security Force.

EVENT:

Date:- 14 January 1998.

Time:- Afternoon.

Place:- Ravapara, Mulagaon.

On 14 January Afternoon, on the day of the National Festival `Bihu', Prafulla and Promod entered the house of Mr. Putu Rava and beating up Mr. Putu Rava they chased him away. Then they locked up Mr. Satish Rava, uncle of Mr. Putu Rava, in a room and pulled Mr. Tukeswari Rava, mother of seven children, in to her bedroom and raped her in front of her children. At the time of rape Mr. Tukeswari Rava cried for help. Hearing her cries the neighbours come and caught Prafulla and Pramod red handed.

FOLLOW UP:

Bangaigaon P.S. registered a case (no 6/98) and the District authority ordered a magisterial enquiry in to the rape incident appointing Mrs. Manita Burhagohain and Mrs. Chandra Devi jointly.

CASE NO. 007.

MASS/RAPE/98

Name:- Mrs. Dimola Doimary,

Age- 22 yrs.

W/O:- Mr. Nazursha Doimary.

Vill.:- No. 2, Bhalukmari.

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

Background:- Housewife. 

PERPETRATOR:- 2nd Madras Regiment of Indian Army operating in the area and camped

at Routa.

THE EVENT:

Date:- 10 March 1998.

Time:- 2:30 A.M.

Place:- Bhalukmari(No. 2)

On 9 March '98 a group of army picked up Mr. Gobinda Doimary and after torturing and interrogating him in their camp at Routa, next day he was brought back to his home to release him. But they again entered his house to conducted search operation. Army dragged out all the family members to the courtyard and started asking about militants. Some of them pushed in Mrs. Dimola Doimary, the newly married wife of Mr. Nazursha Doimari, the younger brother of Mr. Gobinda Doimary, in to the house at gunpoint and then raped her on her bed, switching off the lights.

FOLLOW UP:

The family members lodge a complain at the Udalguri Police Station (case No. 46/98, U/s 376 IPC.), The Magistrate of Mongaldoi Court, Ms. Aradhana Barua, recorded the statement of the victim and sent her for Medical examination on 18 March 1998, seven days after the incident. 

CASE NO. 008.

MASS/RAPE/98

Name:- Miss Anjali Basumatary.

Age- 22 Yrs.

Daughter Of: MR. Bobora Basumatary.

Vill.:- Bhalukmari(No.2)

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

PERPETRATORE: - 2nd Madras Regiment of Indian Army operating in the area camped at

Routa.

THE EVENT:

Date: - 10 March 1998

Time:- 3:30 A.M.

Place:- Bhalukmari(No. 2)

On 10 March '98, Army conducted a search operation at the village Bhalukmari in search of nationalist activists. Around 3.30 A.M. they raided the house of Mr. Bobora Basumatary and dragged out the family members to their courtyard including Miss Lunshri Basumatary, Miss Rita Basumatary and Miss Anjali Basumatary Two Army personnel molested Rita and Lunshri in the dark courtyard at gunpoint and three soldiers pushed in Miss Anjali to the kitchen and two army men forcefully held her on the ground when another soldier raped her.  

CASE NO. 009.

MASS/RAPE/98

Name:- Mrs. Khandi Basumatary.

Age- 25 Yrs.

W/O:- Mr. Basanta Doimary.

Vill.:- Sonai Khaurang Gaon.

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

Background:- Housewife.

[ii] Name:- Mrs. Anita Khakhlary.

Age- 27 Yrs.

W/O:- Mr. Ranjan Khakhlary.

Vill.:- Sonai Khaurang Gaon.

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

Background: Housewife

[iii]Name:- Mrs. Rima Khakhlary.

Age- 24 Yrs.

W/O:- Mr. Ranjit Khakhlary.

Vill.:- Sonai Khaurang Gaon.

P.S.:- Udalguri.

Dist:- Darrang, Assam.

Background: Housewife. 

Background information:- On 9 March '98 a group of Army caught one NDFB member from the Routa Railway Station. Next Day Army took him with them to Udalguri to locate hideouts of NDFB members. At the hideout Army caught another NDFB member and tied both of them with ropes and turned back to their camp. But, on the way some how both managed to untie themselves and snatching arms from the Army killed two soldiers and then ran away. The incident took place around 3:30. Immediately after the incident, a huge number of Army men surrounded the area and started search operation. During the operation, soldiers tortured villagers and molested many women, even in front of their family members. The rape incidents took place during the raids.

PERPETRATOR:- 2nd Madras Regiment of Indian Army operating in the area, camped at

Routa.

THE EVENT:

Date:- 11 March 1998.

Time: - 2 A.M.

Place:- Sonari Khaurang Gaon. 

On 11 March a group of army cordoned the village Khaurang in search of NDFB members(an armed opposition group active in the lower part of Assam).About 10 soldiers raided the house of Mr. Basanta Doimary. They took Mrs. Khanti Doimary inside the house to open the boxes of the house and three soldiers raped her inside the house. Likewise, Army raped Mrs. Anita Khaklary and Mrs.Rima Khaklary in their houses dragging out other members to the courtyard at the time of raiding those houses in search of NDFB members. The family members first hesitated to disclose the incident, but later on they divulged it in front of Journalists who reported the incident in Newspapers. MASS research team also visited the area recorded the statements from the victims. 

CASE NO. 010.

MASS/RAPE/98

Name:- Mrs. Monaishri Doimary.

Age- 28 Yrs.

W/O:- Mr. Abang Doimary.

Vill.:- No. 2, Bhalukmari Jungle Gaon.

P.S.:- Udalguri

Dist.:- Darrang, Assam.

Background: Housewife

PERPETRATOR:- 2nd Madras Regiment of Indian army operating in the area, camped at

Routa.

THE EVENT:

Date: - 14 March 1998.

Time:- 11 P.M.

Place:- No. 2 Bhalukmari Jungle Gaon.

On 14 March' a group of army went to the village Bhalukmari in search of NDFB members and raided many houses of the village. Some of them entered the house of Mr. Abang Doimary breaking his bamboo door and dragged out Abang on to the road. Few soldiers started asking Mrs. Monaishri Doimary about nationalist activists. When she expressed her ignorance, an Officer Ranking looking army tried to molest her. But she strongly resisted it and tried to save herself. Then the Officer got angry and ordered his men to rape her. In front of the Officer three army persons raped her and went away. When she tried to save herself, two fasteners from the shirt of the culprits came away in the hands of Monaishri. She later handed those over to the O/C of the local Police Station, who went there to investigate the case. The family members of the victim submitted memorandum to the Deputy Commissioner of the Darrang District on 17 March '98, demanding Justice. 

CASE NO. 011.

MASS/RAPE/98

Name:- Mrs. Nibari Doimary.

Age- 32 Yrs.

W/O:- Mr. Kathiram Doimari.

Vill.:- Hatkhula.

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

Background:- Housewife.

PERPETRATOR: 2nd Madras Regiment of Indian army operating in the area, camped at

Routa.

THE EVENT:

Date:- 14 March 1998.

Time:- 9 P.M.

Place:- Hatkhula.

Army personnel from Routa Army camp used to come to the house of Mr. Kahiram Doimari for country brew. Every time the soldiers made sexual advances towards Mrs. Nibary Doimary. On the night of 14 March'98, some army wearing plain cloths, went to the house of Mr. Kathiram and asked for alcoholic drinks. Kathiram refused to open the door at night. The army personals broke the bamboo door and entered the house. Army pulled out Kathiram to his courtyard and started torturing him asking him information about NDFB members. At the same time, Mrs. Nibary was pushed into her bedroom and army forced her to remove her cloths. She refused to do so and pleaded mercy on her. One soldier showed his pistol and threatened to kill both wife and husband. Then two of them tied her down on to the bed and another army raped her and went away. After the incident neighbours came to her house and next morning lodged a complaint at the Udalguri Police Station(case no 46/98, u/s 376 =IPC.). On 18 March 98, she was medically examined.

CASE NO. 012.

MASS/EJE/98

Name:- Hareswar Boro.

Age- 26 Yrs.

Vill.:- Sindurighupa.

P.S.:- Sangsari.

Dist.:- Kamrup.

Background:- An unemployed youth.

PERPETRATOR: Assam State Police.

EVENT:

Date: - 4 February 1998.

Time:- 3:15 P.M.

Place:- Chowkighat, Sangsari.

On 4 Feb'98, around 3:15 P.M. Hareswar entered in to a shop by 37 National Highway at Chowkighat, to have a drink of water. At that time a group of four Police personnel from Sangsari P.S. went there by a Police Jeep and asked Mr. Hareswar Boro to come out from the shop. When Mr. Hareswar come out from the shop, suddenly a Police constable shot him with his Carbine dead. After the killing Police took his dead body to Kamalpur Police Station.

FOLLOW UP:

The Deputy Commissioner of the Kamrup District ordered a magisterial enquiry in to this incident. 

CASE NO. 013.

MASS/TOR/98

Name:- Mrs. Befula Devi.

Age- 45 Yrs.

W/O:- Mr.Nandeswar Sarma.

Vill.:- Ghuranikhat.

P.S.:- Tangla.

Dist.:- Darrang, Assam.

Background: Housewife.

[2] Name:- Miss Kanika Devi.

Age- 14 Yrs.

D/O:- Mr. Nandeswar Sarma.

Vill.:- Ghuranikhat.

P.S.:- Tangla.

Dist.:- Darrang, Assam.

Background: School Student.

PERPETRATOR:- Indian Army operating in the area.

THE EVENT:

Date:- 14 January 1998.

Time:- Around 2 P.M.

Place:- Ghuranikhat.

On 14 January'98, around 2 P.M. a group of soldiers cordoned the house of Mr. Nandeswar Sarma in search of liberation activists. The family members opposed this, because that was the day of National Fasival `Bihu'. Becoming angry the soldiers opened fire and severely injured Mrs. Befula Devi and her daughter Kanika. Then the soldiers took them to the Tangla and later to Mongaldoi, without providing them Medical treatment. But when their condition become critical they were admitted to Guwahati Medical College Hospital for treatment. 

CASE NO. 014.

MASS/EJE/98

Name:- Mr. Joyshing Brahma.

Age- 30 Yrs.

S/O:- Mr. Lakhiram Brahma.

Vill.:- Khairaguri.

P.S.:- Udalguri.

Dist.:- Darrang, Assam.

PERPETRATOR:- Assam State Police of Udalguri P.S.

THE EVENT:

Date:- 13 January 1998.

Place:- Khairaguri.

On 13 January '98, Mr. Nowaz Basumatary, Deputy Chief Ex. Member of B.A.C. lodged a complaint in Udalguri P.S. that some people attacked him on Daipam Railway crossing. Later, Police picked up Mr. Lakhiram Brahma and his son Mr. Joyshing Brahma and one Mr. Uday Brahma and took them to Udalguri Police Staion. In the Police custody they tortured Joyshing brutally asking about his nationalist activists. He was admitted to the Udalguri Hospital. At 1 P.M. the attending Doctor declared him dead. Sub-Divisional Police officer of Udalguri stated that Mr. Joyshing Brahma was involved in robbery and he tried to escape from Police custody.

FOLLOW UP:

Inspite of condemnation and demand for a judicial inquiry to the incident and punishment of the guilty person by various democratic and Human Rights organisations, no action has been taken by the District administration.

CASE NO. 015.

MASS/EJE/98

Name:- Mr. Dwipen Barua.

S/O:- Mr. Jogeswar Barua.

Vill.:- Paniebura Chakaliagaon.

P.S.:- Tingkhong

Dist.:- Dibrugarh, Assam.

Background:- A Student leader.

PERPETRATOR:- 13th Mahar Regiment of Indian Army operating in the area.

THE EVENT:

Date:- 21 January 1998.

Time:- Around 7:30 A.M.

Place:- Paniebura Chakaliagaon.

Early in the morning of 21 January, a group of Army men cordoned the village Paniebura Chakliagaon in search of nationalist activists and started raiding houses of the village. Mr. Dwipen Barua seeing the soldiers ran in fear. But the soldiers saw him and chased him. Army opened fire and four bullets hit Dwipen. He died on the spot. Later, Army handed over his dead body to Tingkhang Police Station, stating that he was a hardcore militant and he died in an encounter.

FOLLOW UP:

Various organisations have condemned this brutal killing and demanding an enquiry. AASU demanded judicial enquiry of the killing of one of their Ex-members.

CASE NO. 016.

MASS/EJE/98

Name:- Mr. Rajaram Bora.

Age- 23 Yrs.

S/O:- Mr. Rabiram Bora.

Vill.:- Ahatguri Nawkata.

P.S.:- Goreswar.

Dist.:- Kamrup, Assam.

Background:- Member of ULFA, an armed opposition group active in Assam.

PERPETRATOR:- 255, field Regiment of Indian Army operating in the area.

THE EVENT:

Date:- 27 January 1998.

Time:- Around 8 P.M.

Place:- Mudoipara Suwagpur.

P.S.- Goreswar.

Mr. Rajaram Bora and some of his friends took shelter at the Madaipara village. Getting this information, a huge group of Army cordoned the area and started raiding houses. At the time of the raid, Mr. Raja and his friends tried to escape running through. Though the others managed to escape, Army chased Raja and shot him dead from a very close qarters. Later Army handed over his dead body to the Police stating that he died in an encounter. 

CASE NO. 017.

MASS/EJE/98

Name:- Mr. Bhadeswar Barua.

Age- 35 Yrs.

Vill.:- Nagaon Kewaliahati.

P.S.:- Sipajhar.

Dist.:- Darrang, Assam.

Background:- A dumb and deaf person.

PERPETRATOR:- Indian army operating in that area and camped at Dighiripar.

THE EVENT:

Date:- 30 January 1998.

Time:- Around 8 P.M.

Place:- Kewaliahati Gaon.

On 30 January, around 8 P.M., two youths riding a Motorbike(AS-01. 5411) faced a group of Army on the road. The Army asked them to stop, but the youths leaving their Motorbike tried to escape and started running. Firing indiscriminately soldiers chased the youths. Though the youths managed to save themselves, bullets hit Mr. Bhadeswar Barua, a physically handicapped person, who was sitting on the bank of the river Nanoi in front of his house. He died in the spot. Later army handed over his dead body to Police stating that militants shot Mr. Bhadeswar Barua.

FOLLOW UP:

All the democratic and human rights organisations demanded a judicial inquiry in to the incident and punishment of the culprits and to give adequate compensation to the victim's family. Meanwhile the District administration and the Revenue Minister of the State visited the spot and assured for compensation. But no action has been taken till date. 

CASE NO. 018. MASS/EJE/98

Name:- Mr. Gohen Narzery.

Age- 19 Yrs.

S/O:- Mr. Sukur Sing Narzery.

Vill.:- Misgetgaon.

P.S.:- Sidli.

Dist.:- Kokrajhar, Assam.

Background:- A manual labourer.

PERPETRATORE:- CRPF of India operating in No. 2, Kail Maila Minority Refugee Camp.

THE EVENT:

Date:- 16 February 1998.

Place:- Kaila Maila,

On 16 February, on the day of general election in Assam, Gohen came out to cast his vote. He had to cross through the No. 2, Kaila Maila Minority refugee camp, where CRPF men were in security duty. But the CRPF men shot Gohen dead on his way to the voting station suspecting him as a Boro Militant, without even asking his name. Later army handed over his dead body to Police stating that he died in an encounter and some arms ammunitions were recovered from him, but no arms or ammunition was handed over to the Police. 

CASE NO. 019.

MASS/EJE/98

Name:- Mr. Daibagu Narzery.

Age- 25 Yrs.

Vill.:- Bangalipara.

P.S.:- Barama.

Dist.:- Nalbari, Assam.

Background:- Member of PDF(Peoples Democratic Front), a political Party in

Assam.

PERPETRATORE:- 5th Dogra regiment of Indian Army operating in the area.

EVENT:

Date:- 8 February 1998.

Time:- Around 3 P.M.

Place:- Brimukha, Barama.

On 8 February, around 3P.M. Daibagu was standing at the Barimukha Chouk Market. At that time a group of Army went there and started threatening the public. In fear of the Army, Daibagu left the place on his bicycle. Spotting his departure some army personnel chased him. Daibagu crossed a broken bamboo footbridge, but a soldier fell down from the bridge. Becoming angry with this, the Army person opened fire at Daibagu. He was hit on his arm. Inspite of his injury, Daibagu entered a Latrine of one Mr. Bipin Thakuria to escape from Army. But following blood stains the soldiers reached the Latrine and fired indiscriminately from outside. After several rounds of firing, Army pulled the bullet-ridden dead body out from the Latrine, and took it away. Later on his dead body was handed over to Barama Police Station stating that Mr. Daibagu Narzary was a Boro Militant and he died in an encounter.

FOLLOW UP:

Local people and PDF demanded judicial inquiry in to the incident, but no action has been taken.

CASE NO. 020.

MASS/EJE/98

[1] Name:- Mr. Samed Ali,

Vill.:- Kharikata Gaon.

P.S.:- Kamalpur.

Dist.:- Kamrup, Assam.

Background:- Member of ULFA, an armed nationalist group active in Assam.

Name:- Mr. Nripen Das

Vill:- Seshamukh Bhairagaon.

P.S.:- Hajo.

Dist:- Kamrup, Assam.

Background:- Member of ULFA, an armed opposition group active in Assam.

PERPETRATORE:- 13th Jammu and Kashmir Light Infantry of Indian army opearating

in that area.

EVENT:

Date:- 8 February 1998.

Time:- Around 8 P.M.

Place:- Baruajani Gaon, Kamalpur.

On 8 Feb'98, around 8 P.M., a group of Army cordoned the house of Mr. Hatim Ali in search of separatists. At that time Samed and Nripen was taking rest in the house. Seeing the soldiers Samed and Nripen tried to escape coming out of the house. The Army men fired indiscriminately on both youths and they were killed on the spot. Later Army handed over their dead bodies to Kamalpur Police stating that both ULFA members first opened fire and army had to reply with bullets. In that exchange of firing, both died. But the local people denied any encounter there.

CASE NO. 00 .

MASS/RAPE/98

Name:- Miss Champa Boro.

Age- 13 Yrs.

D/O:- Lohit Boro.

Vill.:- Genesh Konowari Suba, Kuruwa.

P.S.:- Sipajhar.

Dist.:- Darrang, Assam.

Background:- Student.

PERPETRATOR:- Indian Army operating in the area.

THE EVENT:

Date:- 9 February 1998.

Time:- Around 3 P.M.

Place:- Ganesh Konowari Suba, Kuruwa.

On 9 Feb'98, around 3 P.M., a group of Army cordoned the village Ganesh Konowari Suba in search of an AASU activist, a democratic student organisation of Assam, Mr. Madan Bora. The Army men raided the residence of Mr. Lohit Boro. At that time no male person was present in the house. Taking this opportunity, the soldiers raped 13 Years old Miss Champa Boro and her 45 year old mother.

FOLLOW UP:

The victim could not go to the Police Station due to continuous cordoning by the Army whole day. Later local people and members of local unit of AASU submitted memorandums to the District authority, but the authority refused to accept any complaint of the rape. Meanwhile the Revenue Minister of Assam visited the place, but no action has been taken.

1_/97

Name: - Mr. Bhupen Choudhury.

Age- 67 Yrs.

Village:- Bhergaon.

Police Station.:- Khairabari.

District.:- Darrang, Assam, India.

Background:- Proprietor of a Hotel at Bhergaon.

PERPETRATOR:- 6, Kumoun Regiment of Indian Army camped at Khairabari.

THE EVENT:-

Date:- 14 September, 1997.

Time:- At around 8 P.M.

On 13th September the soldiers of 6 NO Kumoun Regiment picked up Mr. Bhupen Choudhury from his Hotel suspecting him to have link with NDFB (National Democratic Front of Bodoland, an armed opposition group active in lower part of Assam) and took him to the army camp at Khairabari. Army also picked up one Mr. Krishna Kanta Sarma from the Bhergaon weekly market with Mr. Bhupen Choudhury. In the Army camp 67 years old Mr.Bhupen Choudury was brutally tortured and he died in the Army camp on 14 Sept'97 due to inhuman torture. On 14 September at around 9:30 P.M. Army handed over his dead body to the Khairabari Police. The Khairabari Police took his dead body to the nearest Hospital, where Doctor confirmed his death.

FOLLOW UP:-

The Army said that Mr. Bhupen Choudhury died due to heart attack, when he was taken in to Army custody to show some hideouts of the militants. Eye witnesses and local people confirmed that the whole body of the victim was full of puncture marks. Local people and various organisation including MASS, ASSU demanded a Judicial enquiry of the incident. The District Administration of Darrang ordered a magisterial enquiry and did a VEDEO recording of the Postmortem and sends the incident to the National Human Rights Commission, New Delhi.

CASE NO 2. MASS/97

IMPOSITION OF "COLLECTIVE FINE"

Background:- On 28 November'1997 ULFA called on road blockade in Assam protesting against the imposing of Military and Paramilitary forces empowering with the Armed forces Special power act from 28th November'1990. ULFA observed 28 Nov. as 'Protest Day'. On 28th Nov'97 at midnight ULFA blasted the oil-pipe line in three parts of the state, i.e.Supariguri of Bongaigaon, Chenijan of Jorhat District and Badulipara of Golaghat District, which is being used for carrying crude oil to Bihar, another State of India.

THE EVENT:-

Place- Supariguri No-1, Supariguri No-2, Phagunagaon,

Maneswari and Old Bijni.

District- Bongaigaon.

State- Assam, India.

On 28-11-97 the Deputy Commissioner (the administrative head of the District civil authority) issued order for a collective fine of these five villages. The order indicates that each householder to pay an amount of one thousand Rupees within forty-eight hours.

FOLLOW UP

Local people of these area and most of the democratic and human rights organisation have protested against this anti-people punishment in the manner of British colonial days and called for refusal to pay the fine. On 29th Novemver'1997, a writ petition was filed in Guwahati High Court against the order of collective fine by advocate Mr. Goutam Ujir, and High Court issue a 'Stay order' at that stage.

CASE NO 3.

MASS/EJD/97

RE-ARREST OF MR. AJIT KR. BHUYAN

Back Ground: On 24th August '97 Mr. Ajit Kr. Bhuyan the Chairman of MANAB ADHIKAR SANGRAM SAMITI (MASS) and the editor of "Asomiya Pratidin" a highest circulated local daily and "Sadin" a weekly newspaper, was arrested by Assam Police from his residence at 10:45 p.m. Three cases were imposed on him and later he got judiciary bail but on 1st October '97 the government detained him under National Security Act (N.S.A.). But the NSA Board, which is the Supreme Judiciary Cell of NSA detainees advised the government to free Mr. Ajit Kr. Bhuyan. But he wasagain arrested under one another fake case no. 853/97 of Nagaon Police Station on 21st Nov.'97

THE EVENT:

Name :- Mr. Ajit Kr. Bhuyan

Designation :- (1) Chairman of MASS

(2) Editor of "Asomiya Pratidin" and "Sadin"

Name of organisation: - Manab Adhikar Sangram Samiti

Address :- Udangshri Building.

Ananda Nagar,

Bamunimoidam, Guwahati-21, Assam (India).

FOLLOW-UP:

Bail petition was put up on 23rd Nov.'97 in the court of Chief Judicial Magistrate of Nagaon and later filed a petition in the Guwahati High Court. The High Court fixed the date of hearing on 3rd December'97 and released him on bail.

CASE NO 4.

MASS/EJD/97=20

ARREST OF BUBUMONI GOSWAMI:

Name: - Mr. Bubumoni Goswami.

Designation: - (1) Secretary of MASS

2) Local correspondent of "Asomiya Pratidin" for Morigaon.

(3) A teacher of a Higher Secondary School.

Name of the organisation :- Manab Adhikar Sangram Samiti(MASS)

ADDRESS:- Mr. Bubumoni Goswami

Ward 2, Morigaon.

Assam, India.

On 8th November '97 Mr. Bubumoni Goswami was arrested at Jagiroad by Morigaon Police when he was returning home i.e., Morigaon Town from Guwahati by bus on two trumped up charges. The cases are 104/97 under the section of 365/120 (b)/120 (a) IPC/RW and 10/13 ULA(P). He was produced in the court of Chief Judicial Magistrate on 9th November '97 and sent to Police Custody for five days, on 13th November '97 he was sent to Nagaon District Jail.

FOLLOW-UP:

Bail petition was moved in the court of Chief Judicial Magistrate of Morigaon and Nagaon Chief Judicial Magistrate and later released on bail. MASS staged Sit-in-Strike sending Memorandum to Assam State Governor and other democratic protests against the arrest of Mr. Goswami.

CASE NO 5.

MASS/RAPE/97

Name:- Miss Mamoni Koch.

Age- 12 Yrs.

Daughter of- Mr. Umesh Koch.

Vill.:- Komarchuburi,

P.O.:- Dhekiajuli.

Dist.:- Sonitpur, Assam.

Background:- Student of class VII

PERPETRATOR:- Indian Army operating in that area and camped at Dhekiajuli Industrial Centre(25 Punjub Regiment)

THE EVENT:-

Date:- 25 July 1997.

Time:- 6 P.M.

Place:- Komarchuburi, Dhekiajuli, Sonitpur.

Registered Case No:- Dhekiajuli Police Station-150/97, u/s- 376/354

IPC.

On 25th July '97 a group of Army raided the village Komarchuburi in search of a ULFA activist and compelled all villagers to gather at the middle of the village. But, two soldiers forcefully detained Mamoni and her mother in their house. First, the soldiers tried to molest Mamoni's mother, but she managed to escape. Then, one of the soldiers carried Mamoni to the kitchen and raped her. When her sick grandmother tried to protect Mamoni, another soldier beat her up. After the incident the soldier threw a 'ten rupee' Bank Note at Mamoni.

FOLLOW-UP

Mr. Umesh Koch, Father of Miss Mamoni Koch, who was immediately informed about the incident by her wife, made a complaint to the officer in charge of the operation. The Army officer called his group and Miss Mamoni identified the culprit in front of the Army officer and other villagers. Later, Mr. Umesh Koch filed a case at the Dhekiajuli Police Station. The Chief Judicial Magistrate of the Sonitpur District also examined the F.S.L. report. The Dhekiajuli Police recorded the statement of Miss Mamoni Koch under 164 Cr.P.C. The case is pending at the court. (G R 997/97)

Local units of AASU(a student organisation), AJYCP(a youth organisation) and Mohila Porishad(women organisation) arranged large Public protests to punish the culprit and prevent such future incidents. AJYCP called for a local strike on 26th of July from 12 A.M. to 3 P.M. and AASU unit calls for a 'black out' in the evening from 7 P.M.to 9 P.M. On 25th of July hundreds of local women made a protest rally in front of the D.C. office and submit a memorandum demanding the punishment of the culprit.

The Army Brigadier Mr. K.K.Kohle, the Deputy commissioner and the Superintendent of Police of the Sonitpur District also visit the house of Miss Mamoni Koch to enquire of the incident.

CASE NO 6

MASS/RAPE/97

i. Name- Miss Nilima Boro.

Age- 16 Yrs.

Vill.- Satgiri, Khoirabari

P.S.- Tangla

Dist.- Darrang, Assam, India.

ii. Name:- Miss Fouduru Boro,

Age- 14Yrs.

D/O- Mr. Khawrial Boro.

Vill.- Satgiri, Khoirabari

P.S.- Tongla.

Dist.- Darrang, Assam, India.

PERPETRATOR- Indian Army (6 Kumoun Regiment) operating in the area.

Background- On 18th July' 97 the National Democratic Front of Bodoland(NDFB, an armed opposition group active in lower part of Assam) carried out an attack on 6, Kumoun Regiment and killed 6 soldiers

THE EVENT:-

Date:- 18th July 1997.

Time:- At about 9A.M.

Place:- Satgiri.

Miss Nilima Boro was doing some cleaning at the time. Two soldiers entered her house and tried to molest her. Her mother tried to save her, but the soldiers beat her mother up and again tried to rape Nilima. Nilima somehow managed to free herself and run away to the near by paddy field. But, the soldiers caught her there and raped her. After about one hour, villagers rescued her from the paddy field, still unconscious.

On the same day, Miss Fouduru Boro was raped by personals from the same Regiment at her own house.

FOLLOW-UP:

Both of them were taken to the nearest hospital in a very critical condition. The villagers and several other organisations submitted memorandum to the district administration demanding judicial Enquiry and compensation.

CASE NO 7.

MASS/RAPE/97

i. Name:- Miss Dulumaya Tamang, Age- 12Yrs.

D/O- Mr. Jit Bahadur Tamang

Vill.- Jayrampur Saygharia,

P.S.- Bordoloni,

Dist.- Dhemaji, Assam, India.

ii. Name:- Miss Sandimaya Tamang, Age-12Yrs.

D/O- Mr. Jit Bahadur Tamang.

Vill- Jayrampur Saygharia,

P.S.- Bordoloni

District- Dhemaji, Assam.

Perpetrator- Assam State Police.

THE EVENT-

Date- 4 August 1997

Time- Midnight

Place- Jayrampur Saygharia.

On 4th August'97 at midnight two policemen wearing civil dress, who were in patrolling duty entered in the residence of Mr. Jit Bahadur Tamang. At that time Dulumaya Tamang was sleeping. The policemen forcefully picked her up to a near by bamboo bush, where they raped her continuously for two hours. Late that night, Miss Dulumaya somehow came to her house and informed her mother about the incident. Her mother Mrs. Kamalimaya Tamang with the help of the villagers made written complaint to the Bordoloni police out post. But the officer-in-charge of the Police Station did not register the case and also did not send the victim for medical examination. On the other hand, on 28th of August'97, a group of police again come to the house of Mrs. Kamalimaya Tamang and beat Jit Bahadur Tamang, husband of Mrs. Kalimaya for making the complain of the rape case and they again carried Miss Sandimaya Tamang to away outside and raped her from 12 P.M. to 3 A.M.

FOLLOW-UP-

After the incident Mr. Jit Bahadur Tamang is untraced till to day and no action has been taken by the District Administration. The local public submitted a memorandum demanding judicial enquiry of the incident.

CASE NO 8.

MASS/RAPE/97

Name:- Miss Lima Marak.

Age- 18 Yrs.

Vill.:- Gorgaon.

P.S.:- Rangapara

Dist.:- Sonitpur, Assam, India.

PERPETRATOR:- Indian Army operating in the area.

THE EVENT:-

Date:- 22 August 1997.

Time:- Midnight.

Place:- Residence of Miss Lima Marak at Garogaon.

A Large number of Indian Army personals raided the village Garogaon in search of activists of banned armed organisation ULFA and NDFB at midnight. The members of Armed forces tortured the villagers and molested the women. With the threat of torture, personals of Armed forces raped Miss Lima Marak in her own house. After the rape, the soldiers threatened her not to disclose the incident to any one.

FOLLOW UP:-

Next day the family members and some of the villagers went to Rangapara

Police Station to lodge a case. But the Police or the District Administration refused to take any necessary step, stating that it was too late to do anything. NASS (a women organisation) demanded judicial enquiry in to the incident.

CASE NO 9.

MASS/RAPE/97

Name- Mrs. Tarulata Pegu, Age-25Yrs.

Wife of:- Mr. Jatin Pegu.

Vill.- Jonai

P.S.- Jonai.

Dist- Dhemaji, Assam, India.

Case No- Jonai Police Station Case No -31/97, u/s 448/375 IPC.

PERPRETATOR:- Indian Army operating in the area.

THE EVENT:-

Date:- 10 May 1997.

Time:- 7 P.M.

Place:- Jonai

It was around 7 P.M. Mrs. Tarulata Pegu was at her residence on here own. At that time a group of Indian Army entered her house in search of ULFA activist (an armed nationalist group). Finding her alone, the soldiers raped her repeatedly inside the house. They threatened her not to report the incident and left the village.

FOLLOW UP:-

After the incident Mr. Jatin Pegu filed a case at the Jonai Police Station (Case no-31/97)and Mrs. Tarulata Pegu was examined in the Hospital. Mr. Jatin Pegu in the Ejahar (the petition for filling case at the Police Staion) mentioned that one Mr. Seo Sankar Jadav led the Army group. But, the Police and Civil administrations have not taken any steps to identify or punish the culprits.

Local public and many organisations submitted memorandum for a judicial enquiry.

CASE NO10.

MASS/RAPE/97

(I) Name:- Miss Dour Rai.

Age- 18Yrs.

Vill.:- Kasidoba,

P.S.:- Bongaigaon,

Dist.:- Bongaigaon, Assam, India.

(ii) Name:- Miss Minoti Bala Rai,

Age- 22Yrs.

Vill.:- Kasidoba.

P.S.:- Bongaigaon.

Dist.:- Bongaigaon, Assam.

PERPETRATOR:- Indian Army operating in the area.

Background of the incident: On 23rd May'97 ULFA(an armed nationalist group of Assam) ambushed on a CRPF(Central Reserve Police Force) truck and killed two CRPF persons.

THE EVENT:-

Date: - 23 May 1997.

Time:- Midnight.

Place:- Kasidoba, Bongaigaon.

Large number of Indian Army and CRPF personals raided the village Kasidoba in search of ULFA cadres, who were suspected to be involved in the ambush on the CRPF personals. The soldiers and CRPF men tortured the villagers and raided every house. A group of military entered in the house of Miss Dura Rai and Miss Minoti Bala Rai and raped the two girls in their own home.

FOLLOW UP:-

The families of the both victims went to Bongaigaon Police Station to register a case, but the Police refused to register any case. The local people and various democratic organisations including MASS, submitted memorandum to District administration demanding judicial enquiry and punishment of the culprits.

CASE NO11.

MASS/EJE/97

(I) Name- Mr. Moni Rajbangshi.

Age- 32 Yrs.

Son of:- Late Jami Rajbangshi

Vill.:- Bor Simaloguri.

P.S.:- Barama

Dist:- Nalbari, Assam, India.

(ii) Name:- Mr. Ashwini Rava,

Age- 29 Yrs. S/O:- Mr. Khargeswar Rava.

Vill.:- Purundia.

P.S.:- Tangla.

Dist:- Darrang, Assam.

(iii) Name- Mr. Hariprasad Rajbangshi.

Age- 30 Yrs. S/O:- Mathur Rajbangshi. Vill.:- Bor Simaluguri, P.S.:- Barama. Dist:- Nalbari, Assam.

Background:- All of them were member of the United Liberation Front Of AsomPERPETRATOR:- 5th Dogra Regiment of Indian Army camped at Nathkuchi of Nalbari District.

THE EVENT:-

Date:- 7 October 1997.

Time:- 4 A.M.

Place:- Subanshri village of Nalbari District.

In the very early morning, on 7th Oct, Military nabbed Mr. Ashwini Rava in front of the house of one Mr. Patwoary, where other four members of their organisation were sleeping. The soldiers tortured him after tying him to a tree to disclose about the hideout of his colleague. Armed with his information, Army caught two other ULFA activists namely Mr. Moni Rajbangshi and Mr. Hari Prasad Rajbangshi, two other managed to escape. They were also tied to trees with rope in front of the local villagers. At first soldiers shot at Ashwini's feet and hand with pistol and later he was shot dead. Then Army took Mr. Moni Rajbangshi to a nearest field where he was ordered to run away. When he tried to run, Army shot him dead in front of the villagers. After that the Army took Mr. Hari Prasad with them to their camp. In the Army camp Mr. Hari Prasad was brutally tortured and thought to have been murdered. But, in the evening, Army arranged a fake encounter near the village Subanshri, where the Army tried to prove that Mr. Hari Prasad was dead in an encounter there.

FOLLOW UP:-

Protesting against the cold blooded murder, several hundreds of people made a protest in front of the office of the Deputy Commissioner of the Nalbari district and submitted memorandum demanding Judicial enquiry in to the incident.

CASE NO 12

MASS/EJE/97

KILLING OF TWO INNOCENT DURING MILITARY OPERATION

Name:- Miss Bhanu Devi.

Age- 9 Yrs.

D/O:- Mr. Gojen Nath.

Vill.:- Chalchali Birohi Gaon.

P.S.:- Samaguri,

District:- Nagaon, Assam.

Name:- Mr. Khogen Bora Brother in law of Mr. Gojen Nath.

Vill.:- Chalchali Birohi Gaon.

P.S.:- Samaguri.

District:- Nagaon. Assam

PERPETRATORS:- 1. Superintendent of Police of Nagaon

2. Sub- Divisional Police officer of Koliabor.

3. Officer in charge of Samaguri Police Station.

THE EVENT:-

Date:- 20 December 1997.

Time:- At around 4 P.M.

Place- Chalcholi Birohi Gaon (at the residence of Mr. Gojen

Nath)

Some ULFA (an armed opposition group active in Assam) member took shelter at Chalchali Birohi Gaon. Assam Police led by the Superintendent of Police of Nagaon District, surrounded the village and opened fire. At that time Mr. Khogen Bora was harvesting in the courtyard of his brother in law, Mr. Gojen Nath, who was at that time out of his residence. (In this operation three ULFA member were also shot dead by Police, namely Mr. Rakesh Chetia, Mr. Gobinda Kachari and Mr. Rakesh Gogoi. Two Policemen were also shot dead by the group of ULFA cadres.) When Mr. Khogen Bora heard the sound of continuous firing, he ran to the inside of the house and trying to save himself and 9 years old Bhanu. But they were shot inside the house dead.

Police says that they were shot dead by ULFA cadres, but the villagers and eyewitness say that they were shot dead by the police personals suspecting that the group of ULFA took shelter in that house.

CASE NO 13

MASS/EJE/97

Name:- Mr. Ramakanta Talukdar.

Vill.:- Matanga,Tamulpur.

P.S.:- Tamulpur.

Dist.:- Nalbari, Assam, India.

Background:- Alleged to be a member of a banned armed organisation

ULFA

PERPETRATOR: Mr. Purna Sarma,

Officer in charge of Tamulpur Police Station

THE EVENT:-

Date:- Arrest on 12 September'97 and died on 13 Sept'97.

Time:- Around 10 P.M.

Place:- Tamulpur Police Station.

On 13 September Mr. Ramakanta Talukdar was arrested by the Sonitpur Police and handed over to the Nalbari Police Station on the same day. Nalbari Police handed over him to Tamulpur Police Station, where he was kept for interrogation. In the Police Custody of Tamulpur Police Station he was brutally tortured. When his physical condition detoriated to a very critical stage, he was taken to a Doctor for treatment. The Doctor advised them to hospitalise him immediately better treatment. But the Officer-in-charge of the Police Station did take the advice and took him again to the Police Station. Meanwhile, the skull of Ramakanta fractured due to continuous torture and he died in the Police custody around 10 P.M. at Tamulpur Police Station.

FOLLOW UP

The Postmortem report reveals that Ramakanta died due to torture. The officer-in-charge of Tamulpur Police Station forced the Doctor to write in the Postmortem report that he died on the way to Nalbari Civil Hospital. But the Doctor refused to do so. The Officer-in-charge of Tamulpur Police Station Mr. Purna Sarma has been suspended from his duty and the District Administration ordered a magisterial enquiry.

But, local people and various organisations including MASS submitted memorandum to the Deputy Commissioner for holding a judicial enquiry of the incident and punish the culprits.

CASE NO 14

MASS/RAPE/97

Name:- Mrs. Jamuna Sargiary

W/O:- Mr. Ramakanta Sargiary.

Vill.:- Langhin Goraimari.

P.S.:- Howraghat.

Dist.:- Karbi Anglong, Assam.

PERPETRATOR:- C.R.P.F.(Central Reserve Police Force)personnels.

operating in the area.

THE EVENT:-

Date:- 30 July 1997.

Time:- At around 11 P.M.

Place:- Langhin Goraimari.

On 30 July'97 a drunk CRPF person entered the village Langhin Goraimari at about 10:45 P.M. He entered the residence of Mr. Paramananda Basumatary, Mr. Makhan Basumatary and Mr. Suniram Narzary respectively. At last the CRPF man entered the house of Mr. Ramakanta Sargiary in the name of searching militant. He hit Ramakanta on the head and chest with his gun and Ramakanta became unconscious. Taking this chance the CRPF man raped Ramakanta's wife Mrs. Jamuna Sargiary.

FOLLOWUP:-

Next day with the help of the villagers Ramakanta and his wife went to the Howraghat Police Station to lodge a case. But the Police refuse to lodge any case saying that it was too late.

CASE NO.15

MASS/EJE/97

Name:- Mr. Munindra Mahanta.

Age- 24Yrs.

S/o:- Mr. Netra Mahanta.

Vill.:- Jaysiddhi.

P.S.:- Jamugurihat.

Dist.:- Sonitpur,Assam.

Background:- A small businessman.PERPETRATOR:- Indian Army operating in the area.THE EVENT:- Date: - 16 July 1997. Time: - 5 A.M. Place:- Joysiddhi Bamunbori, Jamugurihat.

On 16 July, around 5 A.M., Mr. Munidra Mahanta along with Mr. Krishna Bhaturi(24) and Mr. Raju Basumatary(20), was carrying wood on his bicycle. On the public road they saw some soldiers patrolling, advancing from the opposite direction. The soldiers chased them and began to shoot. The three youth started running to save their lives leaving their bicycle on the road. Mr. Krishna Bhaturi and Mr. Raju Basumatory managed to escape. Munindra was wounded, who tried to escape through the backyard of Ms. Kamini Bora's compound and fell into a pond. Army rescued his dead body from the pond. Later, Army said that Mr. Munidra first starting shooting at the army, so in that encounter he died. They also stated that 6 round of ammunition were recovered from Mr. Munidra Mahanta.

FOLLOW UP

Local people say that Mr. Munindra was not involved with any armed organisation and he was the only breadwinner of his family. Local people and democratic organisations demanded for a judicial enquiry, punishment of the killer and full compensation to his family.

CASE NO16

MASS/RAPE/97

Name:- Mrs. Rupohi Basumotary.

Age- 45Yrs.

W/o:- Mr. Abinash Basumotary.

Vill.:- Howraghat.

P.S.:- Howraghat.

Dist.:- KarbiAnglong, Assam.

PERPETRATOR:- Indian Army operating in the area.

THE EVENT

Date:- 1August 1997.

Time:- 1 P.M.

Place:- Howraghat.

On 1 August'97 around 1 P.M. a truck(NoAS 01 2677) carrying a group of soldiers stopped at Howraghat Tiniali to change a tyre of the truck. At that time one soldier entered the house of Mr. Abinash Basumotary, near by. Then threatened Abinash not to shout waving his gun. The soldier then raped his wife Rupohi, in front of her husband.

FOLLOW UP:

At the time if leaving the soldier threatened Mr. Basumatary and Rupohi not to divulge the incident to anyone nor report it the Police. In fear of reprisal, Abinash and Rupohi did not go to the Police.

CASE NO. 17.

MASS/ RAPE/97

Name:- Mrs. Kalpona Das Kakoti.

Age- 18Yrs.

W/o:- Mr. Arun Das.

Vill.:- Potasali Bongaon, Chariduwar.

P.S.:- Rangapara.

Dist.:- Sonitpur, Assam, India.

PERPETRATOR:- 13 Field Regiment, under the command of C.O. Satpal

Sarma, camped at Chariduwar.

THE EVENT:

Date:- 29 September 1997.

Time:- Around 3:30 A.M.

Place:- Residence of Mr.Arun Das at Bongaon.

On 29 September '97 a group of 13 Field Regiment of Indian Army cordoned the village Bongaon in search of ULFA cadres. Some of them raided the house of Mr. Punya Das, father of Mr. Arun Das. The Army personals compelled Mr. Punya Das and his sons Mr. Arun and Mr. Puma to kneel down at the courtyard of their house and 6/7 soldiers forcefully took Mrs.Kalpana Das Kakoti to the backyard of the house and raped her repeatedly. Kalpana became unconscious. She was found with her cloths soaked in her own blood due to continuous rape by 6/7 persons. After the rape, the Army picked up Mr. Arun Das and one of his friends and handed over them to the Police on 1 Oct' 97.

FOLLOW UP

The family members of Mrs. Kalpoana Kakoti lodge a case at Rangapara Police Station with the help of a local women organisation (Case no 189/97 u/s 366(A) / 376 IPC ) and admitted the victim at the Konoklata Civil Hospital of Tezpur. She was also medically examined. The medical report showed that she was raped by at least 6/7 person and the Doctor Mr.Rohini Deka said that he had to make seven stiches to stop her bleeding. On 3rd Oct '97 Mrs. Kalpona was brought to the court of Mr. Dulal Mess, Chief Judicial Magistrate, Sonitpur, and the Magistrate recorded her statement under 164 Cr.P.C., where she tells about the rape incident. Moreover, the village headman, Mr.Rajani Das; Mr. Soneswar Das, uncle of Mr. Arun Das; Mr. Cheniram Saikia; Mr. Benudhor Das; Mr. Bhogeswar Koch; Mrs. Domointi Kotoki; Ms. Moini Das; Ms. Minoti Das and Ms. Niru Bora also gave statement in front of the Magistrate. But the Police played an objectionable role in this case to save the Army. On 4 October '97, Police forcefully sent Kalpona to her father's house at Nahorkotia at Dibrugorh and handedover Kalpona to her father Mr. Mohan Kakoti. Police also warn them not to send Mrs. Kalpona back to her husband's house. At the same time, Police accusing Mr. Arun Das, husband of Kalpona, that it was himself and his friends who raped Kalpona, not the Army. The case is pending before the court.

CASE NO 18.

MASS/EJE/97

Name:- Mr. Putul Pujari.

Age- 26 Yrs.

Vill.:- Gohpur

P.S.:- Gohpur

Dist.:- Sonitpur, Assam.

Background:- Small shopkeeper, Surrendered ULFA(Surrendered three years ago)

PERPETRATOR:- Indian Army operating in the area.

THE EVENT:

Date:- 7 September 1997.

Time:- 3 P.M.

Place:- Own residence at Gohpur.

On 7 September'97 around 3 P.M., a group of Indian army men picked up Mr. Putul Pujari from his own residence and tortured him brutally in the Army camp forcing to tell about ULFA hideouts. As, Mr. Putul Pujari was unable to give any information he was shot dead during the night by the Army. Then Army handed over his dead body to the Gohpur Police Station and reported that he died in an encounter. But the family members confirmed that he was picked up from his residence.

FOLLOW UP

No action has been taken in this case.

CASE NO 19.

MASS/EJE/97

Name:- Mr. Babul Doimari.

Age- 22Yrs.

S/O :- Mr. Biden Doimari.

Vill.:- Rangagorha Nalkhagori.

P.S.:- Chariduwer.

Dist.:- Sonitpur, Assam.

Background:- Labourer, working at a Power Grid Corporation.

PERPETRATOR:- 13 Field Regiment of Indian Army.

THE EVENT:

Date:- 2nd September 1997.

Time:- 4:30 P.M.

Place:- Rangagorha, Nalkhagori.

On 2 Sept.'97 around 4:30 P.M. a group of Indian Army entering the village Nalkhagori and started indiscriminate firing to create a reign of terror. In this firing Mr. Babul Daimary was injured severely. Then soldiers captured Mr. Biden Daimary, the father of Mr. Babul Daimary and forced him to beat his son threatening him with their Guns. When Mr. Biden Daimary refused to beat his wounded son, the soldiers threatended him of death. Compelled by the Army Mr. Biden Daimary started to beat his wounded son. After some time the Army group left the place and the family members of Mr. Babul, admitted him in the Hospital with the help of the villagers. But next night in the early hours, i.e. on 3 September'97 Mr. Babul Daimary died in the Hospital.

FOLLOW UP:-

No follow up action has been taken in this case and no investigation has been carried out by the administration.

CASE NO 20. MASS/EJE/97

Name:- Mr. Ram Mahanti.

Age- 28 Yrs.

S/o :- Mr. BrijMohon Mahanti.

Vill.:- Nagoyan Pam.

P.S.:- Jamunamukh.

Dist.:- Nagaon, Assam.

Background:- Alleged to be a member of banned armed organisation ULFAPERPETRATOR:- 13 Mahar Regiment camped at Rang Beng of Nagaon

District.

THE EVENT:

Date:- 2 September 1997.

Time:- 4:39 A.M.

Place:- Jamunamukh.

On midnight of 1 Sept.'97 Mr. Ram Mahanti was picked up from his own residence by a group soldiers from 13 field Regiment of Indian Army. Army arrested him twice before i.e. in 1992 and 1993. The Army forced him to locate other ULFA activist. As he did not have such information, being unable to do that, he was shot dead. Later on, the Army handed over his dead body to the Police and said that Mr. Ram Mahanti died during an encounter.

FOLLOW UP:

The illiterate family members of Mr. Ram Mahanti refused to lodge any case against Indian Army in fear of further torture.

CASE NO 21.

MASS/EJE/97

Name:- Mr. Srimonta Bora.

Age- 22 Yrs.

Vill.:- Bebejia Gaon.

P.S.- Chotia .

Dist.:- Sonitpur., Assam.

Background:- Alleged to be a member of banned armed organisation ULFA.PERPETRATOR:- Indian Army operating in the area.THE EVENT:

Date:- 5 June 1997. Time:- 11-30 A.M.. Place:- Moral Gaon.

P.S.- Biswanath Chariali,Sonitpur.

On that day one Army 'Gypsy' car overtook Mr. Srimonto Bora, when he was on a bicycle with one of his friend. When Mr. Srimonta was in front of a Namghor(prayer hall) of the village Morolgaon, the Army car stopped and some soldiers chased them. To save themselves, they ran behind the house of one Mr. Punaram Das. Srimonta ran one kilometer, but Army shot at him to death. His friend managed to escape. Later, Army handed over his dead body to Police stating that Srimonta was killed in an encounter.

CASE NO 22.

MASS/EJE/97

Name:- Mr. Abhijt Saikia.

Age- 25Yrs.

S/O:- Mr. Tulan Saikia.

Vill.:- Khowang Tinithengia

P.S.:- Borbarua.

Dist.:- Dibrugorh, Assam.

Background:- Alleged to be a member of banned armed organisation ULFA.PERPETRATOR:- 76th Regiment of the Indian Army .

THE EVENT:

Date:- 17 March 1997

Place:- Graham Bazar, Dibrugorh.

On 16 March '97 Mr. Abhijit Saikia was picked up by Army from Graham Bazar to their camp at Dibrugorh. Next day i.e. on 17 March, his dead body was found at burial ground behind the Bihiating Industrial Centre. The postmortem report shows that he had injured by bullet at his forehead. It is suspected that Abijit was killed by Army after a daylong torture.

CASE NO 23.

MASS/EJE/97

Name:- Mr. Bipin Bora,

Dist.:- Darrang, Assam.

Background:- Alleged to be a member of banned armed organisation ULFA.PERPETRATOR:- Indian Army operating in the area.

THE EVENT:

Date:- 1 June 1997.

Time:- Midnight.

Place:- Dimoruhola, Makum, Dist.- Tinsukia.

Mr.Bipin Bora, along with one of friend, Mr. Kumud Gogoi, took shelter at the house of Mr. Madakanta Moran of Dimoruhola. Army raided the house in search of ULFA cadres. When Army knocked at the door, Bipin open the door and being asked by Army, he said his name and immediately Army shot him dead in front of Mr. Kumud Gogoi (at that time Mr. Kumud was sitting on a bed at the same room.). Then, Army picked up Mr. Kumud Gogoi to their camp.

CASE NO 24.

MASS/EJE/97

Name:- Miss. Jayshree Bora.

Age- 20 Yrs.

D/o:- Mr. Banshee Bora.

Vill.:- Borthekeraguri.

P.S.- Bihpuria.

Dist.:- Lakhimpur, Assam.

Background:- Student of 2nd year B.Sc.

PERPETRATOR:- 8th Assam Rifles of Indian Army.

THE EVENT:

Date:- 12 June 1997.

Time:- 2 P.M.

Place:- Borthekeraguri.

On 12 June, around 2P.M. a group of Army went to the village Borthekeraguri in search of ULFA activists. They stopped their 'Gypsy' car in front of the house of Mr. Banshi Bora and started open firing towards the residence. In that firing Miss Jayshree and her mother Mrs. Snehalota Bora was injured. But the Army group did not allow anybody to come to the spot for at least 45 minutes. When Army left the place, family members and villagers took them to the Hospital, but Miss Jayshree Bora died on the way to hospital due to heavy bleeding.

CASE NO 25.

MASS/EJE/97

Name:- Mr. Biren Bora.

Age- 35Yrs.

Vill.:- Nawsolia Gaon.

P.S.- Jorhat.

Dist.:- Jorhat. Assam.

Background:- 4th grade serviceman of the Assam Agricultural

University, Jorhat.

PERPETRATOR:- Indian Army operating in the area.

THE EVENT:

Date:- 9 April 1997

Time:- 10 P.M.

Place:- Nawsalia Gaon.

On 9 April, around 10 P.M., a group of Army raided the house of Mr. Durgeswar Borua, the neighbour of Mr. Biren Bora. When Biren heard noise from the house of his neighbour, he and one of his neighbours, Mr. Indreswar Bora, went out to investigate the matter and came face to face with some soldiers. To escape army brutalities, they started running, but the Army fired at Biren and killed him. They also captured Mr.Indreswar Bora and handed him over to the Police after interrogation.

CASE NO 26.

MASS/EJE/97

Name:- Mr. Girin Bora.

Age- 24Yrs.

S/O:- Mr. Keshob Bora.

Vill.:- Dhekerigaon.

P.S.:- Jamugurihat.

Dist.:- Sonitpur, Assam.

Background:- President of Jamuguri Milonjoyti Sangha Bihu(a National Cultural

Fetival)Mela.

PERPETRATOR:- Indian Army operating in the area, camped at Jamuguri.

THE EVENT:

Date:- 29 April 1997.

Time:- 8 A.M.

Place:- Dhekerigaon, Jamugurihat

To observe the Bihu Festival at Dhekerigaon, the local people organised cultual shows at a field near a historic Narowathan. The flag hoisting was completed in the banner of the Milonjoyti Sangha(a local club) at 7:15 A.M and the public was about to return home. At that time a group of soldiers reached the place and cordoned the area. Girin was busy with his friends for the next program. Army started questioning them threatening them with Guns. They also threatened Girin to pick up him. Army slapped him twice and took his papers away and ordered him to keep standing in a courtyard of a neighbour's house. Then, Army ransacked a nearby Temple and the place of the Festival. The simple and honest boy Girin tried to escape in fear of the Army personnels through an open field. But the Army saw it and chased Girin for about 1 K.M. Tired Girin stopped in a ploughed field in a posture of surrendering and then came forward in a helpless manner. But three soldiers first shot him on his abdomen then they pumped seven more bullets on to his head. They examined the dead body striking with their legs and dragged his dead body about 1/2 a K. M. through the ploughed field and the dumped it in their vehicle and went away. Most of the villagers were helpless witness to this incident.

FOLLOW UP:

The authorities have taken no action so far.

CASE NO 27.

MASS/EJE/97

1.Name:- Mr. Kamal Topadar

Age- 25Yrs. Vill.:- Namchai Village.

Dist.:- Lohit, Arunachal Pradesh.

Background:- A tailor.

2. Name:- Mr. Sitaram Sahani.

Age- 21Yrs. Vill.:- Namchai. Dist.:- Lohit, Arunachal Pradesh.

Background:- A small 'Paan' shop owner.

3. Name:- Mr. Digonta Gogoi.

Age- 22 zyrs. Vill.:- Namchai, Dist:- Lohit, Arunachal Pradesh.

Background:- A student.PERPETRATOR:- Indian Army camped at Digboi.THE EVENTS: Date:- 1 February 1997. Place:- Burhidihing forest, near Pengeri.

On 1st February '97, ULFA, an armed liberation group of Assam, attacked a patrolling vehicle of Indian Army and killed three Indian soldiers at Burhidihing Forest, 5 K.M. from Pengeri under Digboi Police Station. Not being aware of the situation, the t