Organizations condemn Assam police custodial death of Naga youth, demands justice

‘He was tortured and brutally beaten by the Assam Police’ – Phom Students’ Conference

Mokokchung, August 24 (MTNews): The Phom Students’ Conference (PSC) strongly condemned the “brutal killing” of Henveih Phom (35) S/o L. Eshak Phom, a retired Nagaland Police personnel, from Anaki-C Village under Mokokchung District who was arrested by Assam Police at Anaki village jurisdiction, Nagaland, on his way to Gelekey, Assam. The students’ body appealed to the State Government, State Human Rights Commission and law enforcing agencies to leave no stone unturned to ensure that perpetrators of such a crime with unimaginable cruelty be brought to justice without any delay.

The PSC claimed that while being detained in Assam’s Sivasagar District Jail, he was “tortured and brutally beaten” by the Assam Police in broad daylight.
“At the time of his arrest, his health condition was physically fit. However, it is learnt that within six days of his arrest by Assam Police, he died under their custody on 22/08/22 in a very suspicious manner,” PSC said in a press statement.

The student body continued that the family was informed by Assam Police only after his death.
“When the family reached the spot, his dead body was found kept inhumanly in a corridor at Joysagar Civil Hospital, Assam,” it stated.

While condemning “the brutal killing,” PSC expressed  concern over the deteriorating circumstances in which such lawlessness exists, which, according to them, undermines and pays no heed to the fundamental rights of citizens as enshrined in the Indian Constitution and International Human Rights Law.

“The inhuman and irresponsible act by the law enforcing force may trigger disharmony between the two states of Nagaland and Assam. The accused person should be dealt with an iron hand and punishment be given so as to act as deterrence in the society as per the law of the land,” the student body said.
The PSC also expressed its support for the grieving family and prayed that God would give them comfort.

‘Outrageous action of the Assam Police grossly violates fundamental human rights’ – Nagaland Law Students’ Federation

The Nagaland Law Students’ Federation (NLSF) in a press note expressed shock over the custodial death of Henveih Phom and vehemently condemned and denounced the custodian of law enforcement agency (Assam Police) action as “barbaric and heinous crime”.

“The Police personnel involved in the custodial death must be booked and proper judicial enquiry must follow as no one is above the law. Murder within or outside the Police Station is a crime,” the student federation stated.

They pointed out that the “outrageous action” of the Assam Police is a serious matter and violation of Fundamental Rights provided in the Indian Constitution and a gross violation of human rights.

While expressing their anger, grief and shock, the NLSF cited Sections 57 and 76 of CrPc 1973 which stated that, “no police officer or other person shall detain in custody more than 24hrs as it is mandatory to present accused before magistrate within 24 hrs from the time of arrest which exclude the time of journey.”

The federation also specified Article 21 that reads “no person can be deprived of life and liberty except according to the procedure established by law.” Hence it guarantees to safeguard against any form of torture, assault, or injury, NLSF reiterated.

The student federation also referenced Article 20 (2) containing the rule against double jeopardy which says that “no person shall be prosecuted or punished for the same offence more than once” as well as  Section 300 of CrPC, 1973 also defining how “no person shall be convicted for one offence more than once.”

The NLSF decided that the aforementioned articles and sections, along with circumstantial evidence, clearly establish that Henveih Phom’s death is a matter of custodial death and that the Assam Police personnel involved in the brutal killing should not go unpunished.

It further appealed to the state government to take the matter in utmost seriousness for judicial proceedings and reiterated that the crime was an absolute violation of Fundamental Rights and Human Rights, and that justice should be given to the bereaved family.

“The dead cannot cry out for justice. It is the duty of the living to do so for them,” it remarked.

ENPO condemn ustodial death of Naga Youth reportedly died due to extreme torture by Assam police

The Eastern Nagaland Peoples’ Organization (ENPO) has vehemently condemned the custodial death of E. Henveih Phom in Sivasagar, Assam. According to a release issued by ENPO, the victim reportedly died due to extreme torture by the police in the jail itself as he was found lying death outside the hospital after a “reputed Gelekey based doctor had given fitness certificate to be jailed.”

ENPO stated that the Gelekey police not only intruded beyond its jurisdiction without permission or informing its counterpart, or the concerned village authority, but arrested the victim along with one lady without any lady police, who was released after paying a sum of rupees 50 thousand to the Gelekey OC in-charge.

“This act of sadistic conducts and brutal murder of any prisoner by the responsible police who are supposed to protect the citizen of the country is totally unacceptable and is a matter of disgrace to the constitution of the country,” ENPO stated. Hence, ENPO stated that it must be investigated in a transparent, time-bound manner, and exemplary punishment be handed out to the killers.

Further, ENPO stated that the state governments of Assam and Nagaland, and National Human Rights Commission of India should immediately intervene to set up special inquiry team as requested jointly by the three village councils of Anaki Old, Anaki Yimsen, and Anaki-C in the interest of delivering early justice to the bereaved family members in particular and concerned people in general.

Meanwhile, the ENPO has conveyed deepest condolences to the bereaved family members and prayed for the departed soul to rest in eternal peace.

Kangtsung Senso Mungdang condemns custodial death, demands judicial probe

The Kangtsung Senso Mungdang (KSM) has condemned the “barbaric incident” resulting in the death of Henveih Phom of Anaki C Village under the custody of Government Agencies at Sivasagar District Jail, Assam. KSM stated that the deceased accused along with one lady was arrested by the Assam police on 16th August 2022 at Anaki village jurisdiction, which is very much under Tuli Sub Division, Mokokchung, Nagaland, who were on their way to Gelekey, Assam. The lady was arrested in absence of any women police personnel which is “unwarranted, gross violation of rights of a woman and devoid of any legality,” KSM informed. KSM added that, however, she was released on payment of Rs. 50,000/- as purportedly demanded by the Officer In-Charge of the Gelekey police station.

KSM stated that,on the day of arrest, the physical health condition of the accused victim was fit and robust, as per the report of reputed Doctor of Gelekey PHC, Gelekey, Assam.” However, thereafter, it is apparent from the face of the factual circumstances that the accused victim was brutally beaten, manhandled and tortured by the Assam Police and subsequently lodged at Sivasagar District Jail, Assam,” KSM stated.

KSM further went on to narrate that after six days of arrest, to the family’s utter surprise, on 21 August 2022 at around 8:30 am, the accused victim’s father received a phone call from the Officer-In-charge of the Gelekey Police Station saying that his son i.e accused was not feeling well. Hence, immediately thereafter, the family members and relatives of the accused victim rushed to Sivasagar, Assam only to find that his son was already dead under mysterious circumstances, KSM added. “The dead body was kept outside verandah at Joysagar Civil hospital, Sivasagar, Assam, which clearly transpired that the accused died in Sivasagar District Jail due to inhuman torture by the Police,” KSM noted.

“Hence, under the aforementioned circumstances of the matter, the Kangtsung Senso Mongdang strongly condemns the unnatural death of accused in the custody of government agencies which is very much doubtful,” KSM said, and demanded a judicial probe and befitting punishment to the erring officials and personnel of the concerned police station and other related agencies “for omission and negligence on their part for causing death to an accused under their custody, so as to deliver due justice to surviving victims family.”