Gauhati HC seeks post-mortem, viscera reports in ex-ULFA member’s alleged custodial torture case

Syllad | The Rising MeghalayaApril 2, 2025

The Gauhati High Court has directed the Assam government to submit the post-mortem and viscera reports of Dipankar Gogoi, a former member of the anti-talk faction of the United Liberation Front of Asom (ULFA), amid growing demands for a CBI investigation into his alleged custodial torture and subsequent suicide.

A division bench comprising Justices Manash Ranjan Pathak and Malasri Nandi issued the directive while hearing a criminal writ petition filed by Rimly Gogoi Saikia, the deceased’s sister, who has alleged severe police brutality and illegal detention leading to her brother’s tragic death.

Dipankar Gogoi allegedly died by suicide on December 26, 2023, at his residence in Birinasayek village, just a day after he was reportedly subjected to four days of unlawful detention and third-degree torture at the hands of Jorhat police.

According to the petition, Gogoi was taken into police custody on December 22, 23, 24, and 25, without formal arrest. Each night, he was released into his parent’s custody with only a medical slip and a tube of ointment, allegedly to treat injuries sustained from police brutality. His aged parents recounted that their son repeatedly described physical beatings and inhumane treatment while in custody.

On the morning of December 26, 2023, his mother found him missing from his room. A frantic search led to the grim discovery of his body hanging from a tree in a nearby tea garden. The family immediately alerted the police at 7 AM.

Following his death, Rimly Gogoi lodged an FIR (Case No. 132/2023) at the Titabor Police Station against the then Superintendent of Police (SP) of Jorhat, Mohanlal Meena, under Sections 323 (voluntarily causing hurt), 506 (criminal intimidation), and 306 (abetment of suicide) of the IPC.

However, in a controversial move, the Investigating Officer (IO) filed a final report on September 19, 2024, citing a ‘mistake of fact’, despite prima facie evidence of torture and a post-mortem report confirming ante-mortem injuries. Rejecting this report, the Sub-Judicial Magistrate of Titabor on December 4, 2024, ordered a fresh investigation by a senior-ranking officer. Instead, the police appointed the Sivasagar SP, violating the court’s directive and further fueling suspicions of a cover-up.

Challenging this flawed investigation, Rimly Gogoi Saikia filed a criminal writ petition in the High Court against the Assam government, Mohanlal Meena (Former Jorhat SP), Kakoli Patgiri (SDPO), Lakhsman Kumar Das (Officer-in-Charge, Titabor PS) and Miraj Doley (Investigating Officer).

During the hearing, the High Court instructed the petitioner to also implead the Director General of Police (DGP) and the current SP of Jorhat as respondents in the case. Senior Advocate Arif Jwadder appeared on behalf of the petitioner, while a government advocate represented the state.

With mounting evidence of custodial violence, allegations of misconduct by senior police officials, and blatant defiance of judicial orders, the petitioner has urged the court to hand over the case to the Central Bureau of Investigation (CBI) to ensure an impartial and transparent probe.

The High Court’s directive to produce the post-mortem and viscera reports marks a critical step in unravelling the truth behind Dipankar Gogoi’s tragic death, amid growing calls for accountability and justice in this deeply troubling case.