The National Human Rights Commission is investigating a case of alleged assault and ransacking of Shaukat Ali in Biswanath Chariali District of Assam in 2019. It is alleged that Shaukat Ali, who was serving beef in his restaurant, was assaulted by vigilantes in front of police officers. The Commission has called for additional information from the Director General of Police and issued a show cause notice to the Chief Secretary of Assam regarding compensation for the victim. The Commission found the victim's human rights were violated and the state is responsible to compensate him.

1. National Human Rights Commission
Diary No 50429/CR/2019 Case / File No 89/3/26/2019
Victim Name SHAUKAT ALI Registration Date 24/04/2019
Action List (Click on Action given in blue color to view details)
Action
No.
Action Authority
Action
Date
Due Date
Completion
Date
5
Additional
Information
Called for
THE DIRECTOR GENERAL OF
POLICE POLICE
HEADQUARTERS,
GOVERNMENT OF ASSAM,
GUWAHATI
12/03/2020 09/05/2020
4
Show Cause
Notice Issued
(Comments)
THE CHIEF SECRETARY
GOVERNMENT OF ASSAM,
GUWAHATI
12/03/2020 09/05/2020
3
Additional
Information
Called for
THE SUPERINTENDENT OF
POLICE BISWANATH, ASSAM
21/08/2019 20/10/2019
2
Action Taken
Report Called
for
THE SUPERINTENDENT OF
POLICE BISWANATH,ASSAM
30/04/2019 14/06/2019
1
Action Taken
Report Called
for
THE DISTRICT MAGISTRATE
BISWANATH, ASSAM
30/04/2019 14/06/2019
Expand All Action List
Action
Action : Additional Information Called for(Action No 5)
Action Date 12/03/2020 Due Date 09/05/2020 Completion Date
Authority THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,
GOVERNMENT OF ASSAM, GUWAHATI
Procceeding 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 21.8.2019 the Commission observed and directed as under :
“SP Biswanath is directed to expedite the investigation and to submit a report within 6
weeks positively failing which the Commission shall be constrained to issue coercive
process u/s 13 of the PHR Act, 1993.”
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2. In response, report dated 14.9.2019 received from District Magistrate Biswanath annexed
with report of ADM and IO Biswanath dated 21.8.2019. As per the report, Biswanath
Chairali market was not leased out for FY 2017-18, 2018-19 and 2019-20 but profession
tax collector was collecting revenue from the said market involving few local unemployed
youths. The market is in Hindu inhabitation area and selling of beef hurts the religious
sentiments of the local people and some youth thus insulted and disgraced Shaukat Ali.
Some unidentified persons also inserted something in mouth but it could be ascertained if
it was pork.
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.
Director General of Police Assam is directed to submit action taken report against the
guilty police officials within 6 weeks.
Complaint
Diary No 50429/CR/2019 Section M-5
Language ENGLISH Mode E-MAIL
Received Date 12/04/2019 Complaint Date 09/04/2019
Gist
Victim
Victim Name SHAUKAT ALI Gender Male
Religion Unknown Cast Unknown
Address BISWANATH CHARIALI TOWN,
District BISWANATH State ASSAM
Complainant
Name DEBABRATA SAIKIA, LEADER OF THE OPPOSITION
et
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3. Address ASSAM LEGISLATIVE ASSEMBLY, DISPUR,
District CITY GUWAHATI State ASSAM ( 781006 )
Incident
Incident Place BISWANATH CHARALI Incident Date NA
Incident Category MOB LYNCHING
Incident District BISWANATH Incident State ASSAM
Incident Details
Cause List
List No Case / File No Listing Date Category
3 89/3/26/2019 07/07/2020 COMPLIANCE REPORT CASES
2 89/3/26/2019 03/12/2019 COMPLIANCE REPORT CASES
1 89/3/26/2019 13/08/2019 COMPLIANCE REPORT CASES
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