According to NHRC, the Superintendent of Police, Haflong, Dima Hasao, Assam, had sent an intimation to the NHRC, received on March 15, 2011, regarding the death of an accused, Thangben Demprai, aged 23 years, along with a copy of an FIR in the matter lodged by the Army.
It was stated that on March 9, 2011 at about 12:30 p.m. Captain Huska Sema of 16 Dogra, CampThajuwary, handed over Thangben's dead body at Poilice station Diyngmukh.
NHRC stated that according to the FIR, Thangben was inside a house, which was locked from outside. The lock was broken by Army personnel and the deceased was brought out for questioning. The moment he sat in the vehicle parked about 100 yards away he became unconscious. He was taken to the Primary Health Centre, Diyngkukh, where he was declared dead.
However, according to another FIR registered in the matter on a joint complaint by the brother-in-law of the deceased, Thangben was picked up by Army personnel of Thaijuwary Camp in his village and later killed under mysterious circumstances.
The post-mortem report did not reveal any injury on the person of the deceased. On viscera examination, the Additional Commissioner of Dima Hasao, District Haflong, in his magisterial enquiry report concluded that Thangben died in Army custody on way to the Primary Health Centre, Diyngmukh.
After examining the viscera report, the Board of Doctors opined that cause of death was vegal inhibition, which might be due to anger, fright, dread or any other emotional excitement.
The Commission observed that the death of Thangben had taken place while in the custody of Army officials and thus his human rights were violated. It recommended through the Secretary, Ministry of Defence that the Government of India pay Rs.5 Lakh as interim relief to the next of kin of the deceased and also called for the proof of payment.