New Delhi, 26th July, 2013

Setting aside the theory of a genuine encounter by security forces in Sonitpur, Assam, the National Human Rights Commission has recommended through the Ministry of Defence that the Government of India pay Rs.5 Lakh as relief to the next of kin of Bijoy Bora who was killed on 19th February, 2010. It has also not accepted the contention of the Defence Ministry that monetary relief should not be given to his next of kin since the operation in which he was killed was "conducted in accordance with the laid down procedure and there was no human rights violation by the security forces". The Commission has asked for the proof of payment.

On the basis of the material on record, the Commission observed that there was no proof that an encounter took place, initiated by extremists, in which the security forces were compelled to return fire. Also, no proof or the explanation was provided as to how the security forces came to this conclusion that Bijoy Boro had extremist links.

The Commission also noted that an AK-47 rifle was recovered from the scene of the incident, however, no spent cartridges were recovered either by the Army or by the police. Therefore, there was no proof that this weapon was fired. The Commission also noted that the police conducted none of the standard tests that should have been routine in a thorough investigation.

The Commission received no reports on tests conducted in a forensic laboratory:

1) The rifle to establish that it was in working order and had been fired;

2) The finger prints taken from the rifle and matched with those of Bijoy Boro to establish that he had handled it; and

3) Swabs from his fingers to confirm for gun shot residue that he had fired a weapon.

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