NHRC recommends: Government of India pay Rs.5 lakh compensation in a case of custodial death in Assam

New Delhi, 30th October, 2009

The National Human Rights Commission has recommended that the government of India pay a compensation of Rupees five lakhs to the next of kin of Burman Moran who died on the 19th February, 2003 due to torture by the personnel of 6th Jat Regiment, 99APO - Rupai, Dibrugarh, Assam.

Burman Moran was apprehended by the Army on the 5th February, 2003 on suspicion on having links with ULFA extremists. On the next day, he was produced at police station Doodooma by Hawaldar, Bunty Ram of the 6th Jat Regiment where FIR No. 18/2003 under various sections of the IPC was registered against him. When he was sent to the jail on the 8th February, he had multiple injuries on his body which where allegedly caused by the Army personnel and succumbed to them. The Deputy Commissioner, Dibrugarh, Assam filed a complaint in the matter to the NHRC. After inquiry, the Commission's vide proceedings under the case no. 158/3/2002-2003-cd dated 29th April, 2009 came to the conclusion that Burman Moran died, prima-facie, due to torture by the Army personnel. A show cause notice was issued to the Secretary, Ministry of Defence, Government of India. No response to the show cause notice having been received, a reminder was issued to him on the 30th July, 2009 saying that in case no response was received, the Commission would presume that the government had nothing to say against the notice. Subsequent to this, the Ministry of Defence sought time up to the 25th September, 2009 for submitting a report in the matter. However, as there was no response till the 27th October, 2009, the Commission has presumed that the Ministry of Defence has nothing to say against the show-cause notice and recommended through the Defence Secretary that the Government of India pay the compensation to the next of the kin of the deceased Burman Moran.
The Commission has also asked the Defence Secretary to provide information regarding the present posting of the 6th Jat Regiment to the Superintendent of Police, Tinsukhia at the earliest so that progress is made in the investigation of FIR.
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