The National Human Rights Commission considered a complaint alleging that Shaukat Ali was assaulted and his restaurant ransacked in Assam for serving beef. The Commission had issued a show cause notice directing the Chief Secretary of Assam to pay Rs. 100,000 in compensation but received no response. The Commission confirmed its earlier recommendation, directing the Chief Secretary to pay the victim within 6 weeks. It also sought an action taken report from the Director General of Police on guilty police officials within 4 weeks.

1. Case No. 89/3/26/2019
NATIONAL HUMAN RIGHTS OMMISSION
( L A W D I VI S I O N )
* * *
MANAV ADHIKAR BHAWAN,
BLOCK-C, G.P.O. COMPLEX,
Assistant Registrar (Law)
Fax No.: 011-2465 1332
Website : www.nhrc.nic.in
Dated 16/09/2020
Case No. 89/3/26/2019
To
THE CHIEF SECRETARY
GOVERNMENT OF ASSAM, GUWAHATI
781011
Sub : Complaint from
DEBABRATA SAIKIA, LEADER OF THE OPPOSITION
ASSAM LEGISLATIVE ASSEMBLY, DISPUR,
CITY GUWAHATI ASSAM. 781006
Sir/Madam,
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.”
The Commission further directed the Director General of Police, Assam to submit action taken
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2. 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.
It is therefore, requested that the compliance report in the matter be sent to the Commission latest by 07/11/2020,
so that the same could be placed before the Commission.
Yours faithfully,
Assitant Registrar (Law)
NNNN
NNNN
CC To,
DEBABRATA SAIKIA, LEADER OF THE
OPPOSITION
ASSAM LEGISLATIVE ASSEMBLY, DISPUR,
CITY GUWAHATI, ASSAM. 781006
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