GUWAHATI: A legal battle is set to unfold in the Gauhati High Court following the shocking custodial death of Tafazzul Islam, a resident of Barhheti village in Nagaon district, who was identified as one of the prime accused of the Dhing rape incident. The petition, initially scheduled to be heard on Wednesday, September 11, has been postponed to September 13, where the court will consider the application under Article 226 of the Constitution of India. The petitioner, Abdul Awal, father of the deceased, seeks the issuance of writs of Certiorari and Mandamus against the police officials involved.
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According to the petition, the incident occurred in the early hours of August 23. Tafazzul was allegedly forcefully picked up by a patrol party from Dhing Police Station, accompanied by the Gaon Bura (village headman) of Barhheti, along with the President and Secretary of the local Village Defence Force. The family alleges that Tafazzul was taken without any prior notice or explanation and was subsequently detained in the lock-up of Batadrava Police Station for the entire night.
The situation took a turn the next day when reports surfaced of Tafazzul being physically tortured and beaten while in custody at Dhing Police Station. The petitioner claims that this brutal treatment ultimately led to his son's death, a claim that has been met with widespread condemnation from human rights activists.
Further, Abdul Awal claims that his son was wrongfully arrested due to a mistaken identity. According to the petition, the police had previously made a photograph of a suspect in the Dhing rape case viral on news outlets and social media. The petitioner contends that his son was mistakenly identified as this suspect and that this grave error resulted in his unlawful detention and subsequent death in custody.
To make matters worse, Abdul claims that after Tafazzul’s death, the police allegedly circulated images of his body on various news channels and social media platforms, reinforcing the false association with the rape case. This led to significant public outrage against the petitioner’s family, with local residents refusing to allow Tafazzul’s burial in the village graveyard. Abdul Awal and his family are reportedly enduring severe mental anguish and hardship due to the incident.
Abdul Awal’s petition highlights several legal violations, including breaches of Sections 47(a), (b), (f), and 48(a), (b) of the Assam Police Act, 2007. These sections pertain to the duty of police officers to act without bias and to prevent custodial violence. Furthermore, the petition seeks punishment for the police officials under Section 98(a) and (b) of the same Act, which provides for stringent penalties in cases of custodial misconduct and death.
The petition also underscores the non-compliance with key guidelines issued by the National Human Rights Commission (NHRC) on custodial deaths. The NHRC has laid down specific procedures to ensure accountability in such incidents, which, according to the petitioner, were blatantly ignored. Moreover, the petition cites a failure to adhere to Section 196 of the BNSS 2023, a recent statute mandating judicial inquiry in all cases of custodial death.
The custodial death of Tafazzul Islam has reignited concerns about police brutality in Assam, with many questioning the effectiveness of existing safeguards against such incidents. The case has garnered significant attention, with legal experts and human rights organisations calling for a thorough investigation and strict action against those responsible.
The Supreme Court during a hearing on a special leave petition (SLP) on alleged fake encounters and custodial deaths in Assam on Tuesday, September 10 expressed concern over such loss of lives. It said such events do not align with “the rule of law”. It has also said it intends to set up a commission to probe these incidents.
