Gauhati High Court to hear petition on custodial death of Assam rape accused

Gauhati High Court. File
| Photo Credit: The Hindu

GUWAHATI

The Gauhati High Court has fixed September 13 as the date of hearing a petition on the custodial death of an accused in a gang rape case that triggered a backlash against migrant Muslims in some areas of eastern Assam.

The police claimed Taffazul Islam, in handcuffs, drowned while trying to escape from their custody at the scene of the alleged gang rape of a 14-year-old girl at Dhing in central Assam’s Nagaon district at 3.30 a.m. on August 23. Islam and two others – Faridul Islam Khan and Golap Uddin, who were arrested later – were accused of raping the minor girl at the spot flanking a pond on August 22.

Abdul Awal of Nagaon district’s Barhheti village and the father of Islam filed the petition on September 10 seeking compensation for his custodial death and action against the police officials involved. He alleged that a police patrol party “forcefully picked” his son up at around 5 a.m. on August 23.

“The petition cites violations of the Assam Police Act and non-compliance with National Human Rights Commission guidelines on custodial deaths. It also refers to Section 196 of Bharatiya Nagarik Suraksha Sanhita 2023, which mandates judicial inquiries for custodial deaths,” the petitioner’s counsel Zunaid Khalid said.

Alleging torture of his son in the lock-up at the Dhing police station, the petitioner sought a judicial inquiry into his death and called for a departmental probe against the officials for misconduct apart from the registration of a first information report against them.

“The case was scheduled to be heard by a division bench on September 11 but was rescheduled on September 13,” Mr Khalid said.