89 3-26-2019 dgp

1. Assistant Registrar(LAW)
Fax No.: 011-2465 1332
Home Page : http://nhrc.nic.in
Case No. 89/3/26/2019/OC
NATIONAL HUMAN RIGHTS COMMISSION
( L A W D I VI S I O N )
* * *
MANAV ADHIKAR BHAWAN
BLOCK-'C', G.P.O. COMPLEX, INA, NEW DELHI - 110023
Case No. 89/3/26/2019 Dated 16/09/2020
To
THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, GOVERNMENT OF
ASSAM, GUWAHATI
781001
Sub : Complaint / Intimation from
DEBABRATA SAIKIA, LEADER OF THE OPPOSITION
ASSAM LEGISLATIVE ASSEMBLY, DISPUR,
CITY GUWAHATI, ASSAM.
781006
Sir/Madam,
With reference to your letter no. dated , I am directed to say that the matter was considered
by the Commission on 09/09/2020 and the Commission has directed as follows.
The Commission received a complaint from complainant, a Leader of Opposition in
Assam Assembly, on 12.4.2019 alleging assault, ransacked by some vigilantes in
Biswanath Chariali District of Assam because he was serving beef in his restaurant. It is
alleged that due to the assault, victim Shaukat Ali was to be hospitalized due to injuries.
Allegation of beating by hooligans in front of police was also raised. Though FIR has
been registered, but no action has been taken by the police.
Vide proceedings dated 12.03.2019 the Commission issued show cause notice u/s 18
PHRA while directing as under:
“The Commission has considered the report. It is clearly discernible from the report that
public servant was collecting revenue from the market involving some local unemployed
youths which is against the law. The victim was found insulted and disgraced on basis of
caste/religion, therefore, human rights of the victim were violated by collecting revenue
by a public servant i.e. profession tax collector illegally. Police has apprehended 15
persons and forwarded them to judicial custody. Thus, prima facie it is a case of violation
of human rights of the victim for which the State is vicariously liable to compensate the
victim.
Issue notice u/s 18 of the PHR Act 1993 to the Chief Secretary, Assam to show cause as
to why the Commission should not grant monetary relief of Rs. 1,00,000/- (Rs. One Lakh
only) to the victim Shaukat Ali within 6 weeks.”

2. The Commission further directed the Director General of Police, Assam to submit action
taken report against the guilty police officials within 6 weeks.
The Commission has considered the material placed on record. The Commission has not
received reply or any response to show cause notice from the concerned authority which
led Commission to observe that the concerned authority has nothing to urge upon the
Commission with regard to the above show cause notice. Therefore, the Commission
confirms its recommendation and directs to the Chief Secretary, Govt. of Assam to
release amounting to Rs. 1,00,000/- to the victim Shaukat Ali and submit a report along
with proof of payment to the Commission within six weeks.
In addition, the Commission has not received action taken report against the guilty police
officials from the Director General of Police, Assam, therefore, let reminder be sent to
the Director General of Police, Assam to submit action taken report against the guilty
police officials within four weeks falling which the Commission shall be constrained to
invoke section 13 of the Protection of Human Rights Act including law laid down in Rule
10 and Rule 12 of order XVI of Civil Procedure, 1908 and the criminal proceedings under
sections 175/176 of Indian Penal Code, 1860 and such other action as its deems proper
under the Law.
2. It is therefore, requested that the additional/complete report as directed by the Commission in
the matter be sent latest by 24/10/2020, for futher consideration by the Commission.
Yours faithfully,
ASSISTANT REGISTRAR (LAW)