Gauhati HC issues notice to Assam government over Dhing minor rape suspect's death

The Gauhati High Court on Monday issued notices to the Assam government and top officials, seeking a detailed response in the case of a suspect who died in police custody on August 24. 

The deceased's father alleges mistaken identity and has accused the police of custodial killing.

The case surrounding the death of a suspect in the Dhing minor rape case in Assam has taken a significant turn with the Gauhati High Court issuing notices to the state government and several top officials. The deceased's father, in a petition filed before the court, claims that his son was not the actual accused in the case but was a victim of mistaken identity.

The petition names the Assam Director General of Police (DGP), Principal Secretary, Superintendent of Police Nagaon, District Commissioner Nagaon, and the Office in charge of the case. The court's directive came during the hearing of the petition, which alleges that the deceased was killed while in police custody on August 24.

Advocate Zunaid Khalid, representing the petitioner, argued that the accused, Tafajjul Islam, and the deceased were namesakes. He presented verified photographs of both the viral image and the actual accused to support his claim.

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The petitioner further alleged that despite repeated appeals to the government, the family was not provided with any documents related to the post-mortem or death certificate. They were also unaware of his detention in connection with the minor girl's rape case.

Advocate Khalid demanded a thorough investigation into the matter and sought compensation for the family, claiming it to be a "clear case of custodial death."

The incident occurred on August 24 when the alleged prime accused in the Dhing minor rape case, Tafajjul Islam, was declared dead by drowning while being taken to the crime scene for reenactment. According to the police, Islam attempted to escape from handcuffs and jumped into a nearby water body.

The increasing number of custodial deaths and extrajudicial killings in Assam has raised serious concerns about the state's police force. In May, the Supreme Court expressed its concerns over the issue, hearing a petition that cited 80 instances of "fake encounters" since May 2021, resulting in 28 deaths and 48 injuries.

The Court has since sought suggestions to ensure adherence to the People's Union for Civil Liberties (PUCL) guidelines and to prevent the misuse of police power. The recent case of the deceased suspect in the Dhing minor rape case further underscores the need for stringent measures to address the issue of custodial deaths in the state.