The National Human Rights Commission (NHRC) on Wednesday recommended that the Assam Government to pay Rs.5 lakh each to the next of kin of Munindra Kalita (26 years) and Pingal Deka (27 years), who were killed in an encounter by the Assam Police and the Army in a joint operation.
The Commission has also asked the Assam Government for a proof of payment on or before the April 17, 2014.
The Commission held that the Assam Government has no explanation to offer to its various observations raising doubts about the genuineness of the encounter. The orders were passed by the Division Bench comprising NHRC Members Justice D. Murugesan and Satyabrata Pal.
The NHRC took suo motu cognizance of the incident and registered a case No. 209/3/1/2011-ED, on the basis of the information given on the website of Assam Police that two ULFA extremists were killed in an encounter at Na-Satra, under Sarthebari Police Station in Barpeta district of Assam on the July 10, 2009.
During the course of enquiry, the Commission did not find the enquiry conducted by the Magistrate helpful and observed that he had not taken trouble to examine the witness evidence to check the police claim that the entire village was cordoned off before the encounter.
There was no forensic laboratory test to establish the scientific evidence to sustain that the encounter was genuine and took place, as alleged by the police.
The post mortem report conclusively demolished the case made out by the police and contrary to their claims of encounter from a distance, it was found that both the men were shot at contact range.