On December 23 last year, Dipjyoti Neog, Biswanath Borgohain, and Manuj Buragohain left their homes in Assam’s Tinsukia district for a picnic in Arunachal Pradesh, packing themselves into a Maruti 800. But it turned out to be a trip that haunts them even today.

Within 24 hours, the trio was stopped by Assam Rifles, accused of links with the banned militant outfit ULFA, and shot in the legs as officials claimed that one of them had tried to escape by snatching a government pistol. Out on bail months later, Manoj relies on an aluminium walker to move, Biswanath needs help to stand, and Dipjyoti is trying to pick up the pieces.

These claims are part of their affidavits that were accepted this month by the Supreme Court, which is hearing a petition on alleged fake encounters in Assam since last year. The court orally observed on September 10 that suspects losing their lives in allegedly staged encounters in Assam was “not good for the rule of law”, and will hear the matter again on October 22 – the state government is expected to file its counter affidavits.

Meanwhile, two days after the court’s remarks, the trio filed an FIR at Dholla police station of Tinsukia district against several police officials, including the previous district SP, for “conspiring” to kill and “implicate” them. It has been filed under IPC sections 307 and 120-B.

The trio had been booked in two separate cases in December last year, which are sub-judice. The prosecution did not oppose their bail.

‘We had already spent a lot of money’

The three men had lost their jobs at the Assam State Transport Corporation in June last year. Dipjyoti was unemployed, Manuj was a private bus driver, and Biswanath ran a small grocery shop at the time of the incident.

Speaking to Newslaundry, Dipjyoti said they were mentally affected by the episode in December but gradually reconnected with each other after being released on bail. 

With the support of their family, they eventually mustered the courage to file an affidavit and eventually an FIR. “Whatever happened that day (December 23, 2023) was a flash. It took time to pick up the pieces.”

Biswanath’s sister Matu Halder said all three families were from financially weak backgrounds and that fuelled apprehensions about waging a legal battle against the police. “We had already spent a lot of money on visiting them in hospital and jail.” 

Dholla police station circle inspector Ranjan Doley told Newslaundry that an FIR had been lodged and an investigation is underway.

‘Forced to lay down facing ground’

In their affidavits, the three have claimed they were picked up by Assam Rifles around 9 pm. They had decided to park the car next to the road and sleep inside as they were intoxicated and were running low on fuel.  

“Assam Rifles personnel came and picked us around 9 pm, took us to their camp and interrogated us about our alleged links to any banned organisation, in particular the United Liberation Front of Assam…which we denied,” they claimed. 

They alleged that they were then shown some photos of certain individuals and asked whether they knew them – they denied again. 

At around 12 am, an Assam Police team led by SP Mrinal Deka arrived at the Assam Rifles camp, they claimed, adding that they were subsequently taken to the Hahkhati forest reserve, accompanied by six police vehicles and around 15 police personnel. They reached the forest around 3 am, and were allegedly made to get off the vehicle and lie down with their face to the ground. It was then that SP Mrinal Deka started to shoot them from a close range, they alleged. 

“It is also not true that any of us wanted to flee. It was also practically not possible to flee from police personnel who were around 15 in number and heavily armed,” their affidavits claimed.

The affidavits claimed that the families of Manuj and Biswanath visited the Sadiya police station near their home at midnight to file a missing persons complaint, but were forced to get an FIR lodged about the trio going missing to join the ULFA.

The next day, another case detailing the police shooting and the trio allegedly joining ULFA was filed at Dholla police station.

‘Doubtful arrest’

As per the FIR that was lodged at Dholla, the three were apprehended with the help of Assam Rifles in Kharshang in Arunachal Pradesh. While they were brought to Hahkhati in search of a boy whom they had contacted to join the ULFA, Dipjyoti tried to escape, the FIR claimed. “As a last resort, in order to save government property and their lives and to prevent them from escaping, informants and other staff fired on them,” the FIR read.

The three were admitted to Assam Medical College Hospital in Dibrugarh, and eventually shifted to jail. While Deepjyoti was granted bail on March 18, Biswanath and Manuj were granted bail on April 10 by a special judge of Tinsukia court. 

When the court granted bail to Biswanath and Manuj, even the public prosecutor submitted that the manner in which they were arrested was “doubtful”. The court noted that the investigating officer had not made any investigation after March 21 and failed to collect any incriminating material against the two to show their involvement in the alleged offence.

In Dipjyoti’s bail order, too, the court noted that no investigation has been made on the matter since January 4. 

The case is still sub-judice.

‘Violation of PUCL order’

Delhi-based lawyer Arif Jwadder, in whose petition the court made the oral observations last week, said the official action in this case violates the landmark PUCL judgement. According to the PUCL order, any incident involving police use of force must be independently investigated by either the CID or a police team from a different jurisdiction.

Jwadder said the officer in-charge of the Dholla police station who was present when the shooting happened last year was made the investigating officer in the case. “This is a blatant violation of the PUCL judgement which mandates an impartial investigation.”

Jwadder’s petition points to at least 115 instances of alleged fake encounter injuries and 56 alleged encounter deaths between May 2021 and August 2022.  

The Assam Human Rights Commission had found two officials guilty of killing a theft suspect in a fake encounter in 2021 in February last year. But Assam parliamentary affairs minister Pijush Hazarika told the assembly in April that no one had been killed in “police encounters” in the state.

Newslaundry reached out to Mrinal Deka for comment. This report will be updated if a response is received.