Confidential

OFFICE OF THE INSPECTOR GENERAL OF POLICE

NORTH EASTERN SECTOR, CENTRAL RESERVE POLICE FORCE
STONEY-HEAVEN, BISHOP COTTON ROAD, SHILLONG, MEGHALAYA 793 001
Phone: (91) 364 2970239 (O) Fax: (91) 364 2970242
e-mail: igpnes@crpf.gov.in
No.G.II-1/2017-NES-PS/2292 April 17, 2017

Shri VK Piperseina, IAS,

Chief Secretary to the Government of Assam &
Chairperson, Strategy Group, Unified Command, Assam,
Block- C, 3rd Floor, Assam Sachivalaya, Guwahati 781006.
Shri Sudeep Lakhtakia, IPS,
Director General, CRPF,
Block No. 1, CGO Complex,
Lodhi Road, New Delhi 110 003.
Lt. General AS Bedi, YSM, VSM,
GOC, 4 Corps &
Chairperson, Operational Group, Unified Command
C/O 99 APO.

Sub: Forwarding a gist of a discreet enquiry Reg.

Joint ops conducted on 29-30/03/2017 in Simlaguri area under PS Amguri, district
Chirang. Assam.

Please find herewith a gist of a discreet enquiry regarding the joint operation conducted by
the security forces on 29-30/03/2017 in Simlaguri area under PS Amguri, District Chirang, Assam.
The security forces involved in the internal security operations in the State work under the overall
command and control of the Unified Command and the operation conducted on 29-30/03/2017 was
reportedly a joint operation of Civil Police, Army, SSB, 210 CoBRA CRPF, and 156 Bn CRPF.
Therefore, being a member of the Strategy Group, I am writing this letter to the Chief Secretary,
Assam and the GOC, 4 Corps in their respective capacities as the Chairperson, Strategy Group and
the Chairperson, Operational Group of the Unified Command. I am also marking a copy this letter
to all other concerned.

2. For a discreet enquiry, conducted under serious constraints and challenges, I find it
substantially exhaustive, albeit very disturbing and worthy of careful examination and study. The
enquiry reveals two sets of contradictory narratives presenting totally different and contrasting
narratives of the joint operation.
a. The Security Forces Position: Based on a reliable intelligence input regarding movement
of 4 to 5 NDFB(S) cadres in Simlaguri area under PS Amguri, District Chirang. Assam, a
joint operation was launched by the security forces. During this operation, the civil police
came under indiscriminate fire from a group of 4-5 persons when they were challenged by
them. The civil police retaliated in self-defense and in the exchange of fire, which ensued
for 20 minutes, two NDFB(S) cadres namely, Lucas Narzary @ N Langfa and David Islary

1
 @ Dayud succumbed to the bullet injuries sustained by them. They further claim that
following arms, ammunitions and explosives were recovered and seized from the
possession of the killed cadres and from the place of incident: (i) one 5.56 mm INSAS Rifle
along with magazine and ten rounds of live 5.56 ammunition; (ii) nine empty cases of 5.56
ammunition; (iii) one 7.65 mm Revolver along with three rounds of live 7.65 ammunition;
(iv) three empty cases of 7.65 ammunition; and (v) one Chinese Hand Grenade.
b. Disclosures Through the Discreet Enquiry: Two persons named Lucas Narzary @ N Langfa
and David Islary @ Dayud were apprehended by a team of civil police and F/156 Bn CRPF
from a house in village D Kaling, PS Amguri, District Chirang. Assam in the intervening
night of 29-30/03/2017. A Chinese make Hand Grenade was also recovered from their
possession. When this team was returning from the village along with the apprehended
persons, they met another team of security forces led by the Addl. SP, Chirang waiting for
them near Ouguri market. From there, all the teams of security forces left together along
with the apprehended persons. The apprehended persons were later shot by the security
forces near Simlaguri village. The arms and ammunitions except the Chinese make Hand
Grenade shown to have been recovered and seized from the possession of these killed
persons and from the place of incident were planted by the security forces.

3. I believe that the revelations made by the discreet enquiry are most likely true. More
important, it raises serious questions about the credibility of the contents of the FIR registered in
connection with the joint operation vide PS Amguri Case No. 12/2017. The FIR presents the
fictitious account of the joint operation by the security forces to conceal pre-planned murders of
two persons in custody and present it as some brave act of professional achievement.

4. Had this unlawful act been committed by a group of a few deviant officers, I would not
have been so concerned. However, since multiple security agencies were involved in this incident,
it indicates a deeper institutional malady in the functioning of the countrys most prestigious
security forces. It represents a dangerous deterioration and degradation of institutional processes.

5. In our country, the rule of law must inform every action of the State. The right to life and
liberty adorns the highest place amongst all fundamental rights. Thus, instances of custodial killing
raise fundamental questions about the legitimacy of the State. I strongly believe that custodial
killings are worse than insurgency/militancy because the authority of the State is behind it.

6. Custodial killing is one of the cruelest forms of human rights abuse. Turning Nelsons eye
to such acts allows the security agencies to act with impunity without respecting the rights of
suspects, under-trials, and convicts. I, therefore, respectfully submit that the antecedents of the
persons in custody are not material: even dastardliest criminals and hardcore insurgents/militants
are required to be subjected to the due process of law. Security forces do not have the right to kill
them in cold blood under the cloak of larger societal good. Therefore, it is crucial to strike a balance
between the individual human rights and societal interests while combating the insurgency. Failure
to do so is a cure worse than the disease.

7. This is an extremely sensitive matter and there are significant power asymmetries between
those who had planned and executed this unlawful act and the witnesses who have mustered the
courage to tell the truth. Thus, these witnesses are extremely vulnerable. The wrongdoers and the
vested interests are likely to deploy various kinds of unscrupulous methods to intimidate and spread
fear psychosis among them. Moreover, since multiple security forces have institutionally colluded
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at a substantially senior level, it is highly likely that the wrongdoers may engage in further illegal
actions to present an institutional image of contrived innocence. Therefore, the witnesses may also
be subjected to various kinds of organizational pressures and institutional threats, compelling them
to retract from their testimonies. Hence, I have taken a conscious decision to not enclose the entire
enquiry report, especially the testimonies of the witnesses, in order to protect their identities.

8. The primary purpose of writing this letter is not to penalize individual wrongdoers.
However, at the same time, I must point out that when senior level supervisory officers in security
forces are tolerant of aberrant actions of their subordinates, the legitimacy of such organizations
soon deteriorates, and the situation eventually becomes irremediable. Therefore, each agency needs
to reflect on how systems and processes have weakened over a period of time, resulting in the
commission of custodial killings in a planned and coordinated manner. It is absolutely necessary
that urgent systemic reforms be initiated to prevent such wrongdoings in future. This will be
institutionally more productive than adopting diversionary or defensive tactics for preventing any
serious enquiry into the matter.

9. I respectfully submit that this incident evokes a terrible picture of criminality, cowardice,
lack of integrity and a complete erosion of honor, which is against the ethos and traditions that are
the hallmark of the security forces of our country. Therefore, it is my respectful recommendation
that in the interest of justice and for restoring the credibility of the security forces involved in the
counter-insurgency operations in the State, this matter may be entrusted to an external independent
agency for an unbiased, non-partisan and thorough investigation. I am willing to share the details
of the witnesses and their testimonies with such an investigation agency provided the identity of
the witnesses whose testimony I have in safe custody is not disclosed to the outsiders.

10. Above all, I sincerely hope that an unbiased investigation by an external independent
agency will uncover the real nature of the joint operation of security forces on 29-30/03/2017. It is
absolutely necessary that while individuals responsible for wrongdoing are brought to justice, the
investigation breaks the institutional nexus of complicity which condones the breach of law. It is
necessary that we take strong, immediate and urgent corrective measures to restore the integrity
and legitimacy of systems and processes within the security agencies.

(Rajnish Rai)
IG, NES, CRPF, Shillong.
No.G.II-1/2017-NES-PS/___ April 17, 2017
Copy forwarded to:
1. Smt. Archana Ramasundaram, IPS, Director General, SSB, Force Head Quarters, East Block
V, RK Puram, New Delhi 110 066 for information and necessary action.
2. Shri Mukesh Sahay, IPS, Director General of Police, Assam, State Police Headquarter,
Ulubari, Guwahati 781007 for information and necessary action.
3. Shri Md. Javed Akhtar, IPS, ADG, NE Zone, CRPF, 9th Mile, Guwahati for information.

(Rajnish Rai)
IG, NES, CRPF, Shillong.
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 Confidential

Gist of the Discreet Enquiry Regarding the Joint Operation Conducted on 29-
30/03/2017 in Simlaguri Area Under PS Amguri, District Chirang, Assam

A. Genesis
1. On 30/03/2017 early morning, the Commandant (Ops), NES, HQ and the Control Room
Officer, NES, HQ informed the IG, NES, CRPF, Shillong (hereinafter referred as IG,
NES) about a successful joint operation conducted by Assam Police, Army and CRPF
(210 CoBRA and 156 Bn CRPF) in District Chirang in which two NDFB(S) cadres
were killed, and arms, ammunition and explosives were recovered. After a short while,
the Commandant, 210 CoBRA also informed the IG, NES about the operation and
confirmed the report of hostile engagement with NDFB(S) cadres, resulting in the
killing of two NDFB(S) cadres and seizure of arms, ammunition and explosives.

2. The IG, NES informed about this operation to the ADG, NE Zone, CRPF, Guwahati,
and DG, CRPF, and IG (Ops), CRPF at New Delhi.

3. A few hours later, Commandant (Ops), NES, HQ informed the IG, NES that there
appeared to be a mismatch between the initial reports received about the joint operation
and the events that actually occurred in the field, and these inconsistencies raised doubts
about the veracity of the initial reports. The IG, NES asked him to further enquire into
the matter.

4. Thereafter, the IG, NES learnt from a senior officer (whose name is not being disclosed
at this stage) that the joint operation did not occur as reported. He further informed that
there appeared to be reasons to believe that the both the NDFB(S) cadres reported to
have been killed in a hostile engagement with security forces were first apprehended
from a village, and later killed at some other location. The IG, NES asked this officer
to further verify these facts and send a factual report.

5. The IG, NES telephonically informed the DG, CRPF; ADG, NE Zone, Guwahati; and
the IG (Ops), CRPF about these developments.

6. The said senior officer verified the facts and sent a confidential report to the IG, NES,
confirming that the two NDFB(S) cadres shown to have been killed in a hostile
engagement with the security forces were actually first apprehended in village D-
Kalling, and later killed by the security forces at a different place near village Simalguri
on the same day after a few hours.
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 7. Since the contents of the confidential report submitted by the said senior officer were
completely at variance with the facts and circumstances mentioned in the Special
Situation Reports dated 30/03/2017 submitted by the Commandant, 156 Bn, CRPF and
the Commandant, 210 CoBRA regarding the incident, the IG, NES directed another
senior officer (whose name is not being disclosed at this stage) to conduct a discreet
enquiry into the matter to ascertain the veracity of claims made in these conflicting
reports.

B. Version of the Security Forces

During the course of the discreet enquiry, the Enquiry Officer (EO) could collect only the
Special Situation Reports submitted by the Commandant, 156 Bn CRPF, Commandant, 210
CoBRA CRPF and the FIR registered by the Officer-in-Charge (OC), PS Amguri, District
Chirang, Assam in connection with the incident. He could not access the reports, if any,
filed by SSB and Army regarding the incident to their higher formations.
1. Special Situation Report of 156 Bn, CRPF: The relevant extract of Special Situation
Report submitted by the Commandant, 156 Bn CRPF regarding the incident to NES
HQ vide Signal No. D-III-08/2017-156-Ops, dated 30/03/2017 at 1307 hrs is
reproduced herein below:
One PLN of F/156 Bn U/C Zebra Iswar Das (M/No.9957720408) along with civil police,
PS Amguri, one team of 210 Bn CoBRA and 7th Sikli Army C/out Joint Ops in above area.
Our men were wearing BP jacket and helmet.
On 29/03/2017 at about 2345 hrs, information received from civil police, PS-Amguri about
movement of suspected NDFB/S cadre in the Village Simlaguri, U/PS Amguri, Distt.
Chirang, Assam. After getting the information one PLN of F/156 Bn U/C INSP/GD Iswar
Das along with civil police of PS Amguri, one team of 210 Bn CoBRA and 7th Sikli Army
were placed tactically on the likely movement roots of the NDFB/S cadres in the said area.
At about 0420 hrs on 30/03/2017 the Police party at Simlaguri road noticed a movement
of group of 4-5 persons coming from the side of Mandarguri. When the Police party
challenged them to stop, they opened indiscriminate firing upon the Police party. By
exercising the right of self defense Police party also opened retaliatory fire. The exchange
of fire continued for about 20 minutes. After firing stopped from both the sides, the area
was searched and two militants were found injured condition. Immediately they were sent
to JSB Civil hospital, Kajalgoan for medical treatment where the examining doctor
declared them as brought dead. The place of encounter was further searched after first
light and. 5.56mm Insas rifle with magazine- 01 No, 5.56mm live ammunitions- 10 Nos,

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 5.56mm empty cases- 07 Nos, 7.65mm revolver - 01 No, 7.65mm live ammunition- 03 Nos,
7.65mm empty cases- 02 Nos and one Chinese Hand Grenade were recovered from the
encounter site. The other cadres manage to escape by taking advantage of darkness and
rain since it was raining heavily at that time. Recovered items were taken over to PS Amguri
for further course of action. Our party safely reached coy location at about 0830 hrs on
30/03/2017.
Neutralized:
One NDFB/S PLN Commander namely Lucas Narzary @ N.Langfa (30 yrs), S/O. late
Naren Narzary, Vill - Oxiguri, U/PS- Amguri, Distt Chirang, Assam and one NDFB/S
cadre Eyob Islary @ David (22 Yrs).

2. Special Situation Report of 210 CoBRA: The relevant extract of Special Situation
Report submitted by the Commandant, 210 CoBRA CRPF regarding the incident to
NES HQ vide Signal No. D-III-05/2017-210-Ops, dated 30/03/2017 at 1809 hrs is
reproduced herein below:
C. Ops Comdr Cheetah T. Ravichandra. Team no 15 of E/210 CoBRA Consisting of AC-
01, SI/GD-02, HC/GD-01, HC/RO-01, CT/GD-12 Total-17, Assam police: ASP-01, SI- 01,
CT- 08, Total 10, 01 Ptn of F/156 Bn, CRPF, One Section of 7th Sikhli, Army and One
Section of 15th Bn SSB. Search and Destroy ops. All men wore bullet proof jackets. D.
secret input was received from NES TAC HQR vide signal no. I.VI.2/2017-NES-TAC-INT-
(SIB) (68) dtd 23/03/2017 and 27/03/2017 regarding the activity of NDFB/S cadre Lucas
Narzary @ N Langfa in Bengtol area under PS Aamguri, Dist- Chirang. The received input
was further followed up, analysed & scrutinised by Unit Int Cell along with State police.
On 29/03/17, a specific input was received from SP Chirang regarding movement of 02-03
NDFB/S militants a/w Lucas Narzary @ N Langfa inside Koilamaila Genl. Area, U/PS-
Amguri, Distt. Chirang, Assam. On receiving the input, Cheetah T. Ravichandra discussed
the matter with Tiger Chhote Lal, 210 CoBRA & SP Chirang, and SADO was planned in
accordance with it. As per the discussion with Tiger Chhote Lal, task was assigned to Team
no- 15 of E/210 CoBRA u/c Cheetah T. Ravichandra along with a team of Assam Police led
by ASP Chirang, 01 Ptn of F/156 Bn, CRPF, One Section of 7th Sikhli Army and One Section
of15th Bn SSB. Team no 07 of C/210 CoBRA, from Runikhata base camp detailed for active
reinforcement for the ops. Based on the input, ops preparatory cum planning session was
held at Kukurmari base camp. All matters including previous incidents, terrain, routes
selected and possibilities of obstacles, interim rendezvous and communication passwords
were discussed in detail during the briefing session. After briefing, troops left the base
camp location at 2130 Hrs on 29/03/2017. When the troops were on move to the targeted
area, another significant input was received by the Ops Commander about the exact
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 location of the NDFB/S Cadres in Simlaguri Genl area, U/PS- Amguri, Distt. Chirang,
Assam. On receiving the input, the joint troops rushed to the said area. On reaching the
ibid area, troops were divided to place cut offs including our troops on all possible escape
routes and Civil Police laid an ambush on approachable route of the insurgents. At about
0430 Hrs on 30/03/17, the police ambush party noticed a group of 4-5 suspected persons
at Simlaguri road coming towards the ambush site from the side of Mandalguri Ghat. When
the ambush party challenged them to stop, they opened indiscriminate firing upon the
ambush party, the troops retaliated in self defence. The exchange of fire ensued for about
20 min. After encounter whole area was searched and two injured insurgents were found
from encounter site and both of them were immediately evacuated to JSB Civil Hospital,
Kajalgaon for medical treatment where the examining Doctor declared them as brought
dead. Later on, the killed insurgents were identified as NDFB(S) hardcore cadres namely
1) Lukash Narzary @ N. Langfa, vill- Oxiguri, PS- Amguri 2) Eyob Islary@ David Islary,
s/o Sh Bineswar Islary, vill- No-2 Aie Dhuburi, PS- Amguri. During search of encounter
site following items were recovered 01) 01 no. 5.56 mm Insas Rifle with magazine a/w 10
nos live rounds 02) 07 empty cases of 5.56 mm rounds 03) 01 no. 7.65 mm Revolver a/w 03
nos live rounds 04) 02 empty cases of 7.65 mm rounds 05) 01 no Chinese Hand Grenade.

3. FIR filed by OC, PS Amguri vide PS Amguri Case No. 12/2017: In connection with
this incident, SI Jitesh Barman, OC, PS Amguri registered an offence on his own
complaint vide PS Amguri Case No. 12/2017 U/s 120 (B)/121 (A)/122/353/307 IPC
R/W sec 25(1-A) Arms Act R/W sec 4 E.S. Act R/W sec 10/13/16/18 U A (P) Act. The
relevant extract of the said FIR is reproduced herein below:
based on hard human intelligence received from the secret reliable sources about the
movement of a group of armed militant of NDFB(S) cadre in Simalguri area under Amguri
P.S., tactical troops were placed by police and other security forces (7th SikhLi, 156 Bn
C.R.P.F., 210 COBRA and 15 Bn SSB, 6 Bn SSB, etc.) at different places of general area
Simalguri in the intervening night of 29th and 30th March 2017. At about 0430 Hrs of
30/03/2017, the tactical party of police at Simalguri road noticed a group of 4-5 persons
moving towards them from Mandanguri Ghat side. At about 0445 hrs, when the tactical
party of police challenged them stop, the group opened indiscriminate fire upon the police
tactical party. By exercising the right of defence the police tactical party also opened
retaliatory fire. The exchange of fire continued for about 20(twenty) minutes. After firing
stopped from both sides, the area was searched and two militants were found in injured
condition and immediately they were sent to the J.S.B. Civil Hospital, Kajalgaon for
medical attention, where the examining doctor declared them as brought dead. Later on,
the site of encounter was further searched and one 5.56 mm INSAS Rifle, one INSAS

IV
 Megazine, 10(ten) rounds of live 5.56 ammunition, 9(nine) rounds of fired empty cartridges
of 5.56 mm ammunition, one 7.65 Revolver, 3(three) rounds of live 7.65 mm ammunition,
3(three) rounds of fired empty cases of 7.65 mm ammunition, one Chinese hand Grenade
and 12(twelve) rounds of empty cartridges of AK series ammunition were recovered and
seized. The other militants managed to escape by taking advantage of ensuing firing and
incessant rain. Later on the slain militants were identified as(1). Lukash Narzary @ N.
Langfa S/O Lt. Naran Narzary of vill: Oxiguri P.S: Amguri (2) David Islary @ Dayud S/O
Sri Bineswar Islary of vill: No: 2 Aie Dhuburi P.S: Amguri.
From preliminary investigation, it has come to light that Lt. Lukash Narzary @ N. Langfa
was 42 Batch Myanmar Trained cadres and Lt. David Islary @ Dayud was locally trained
cadre of NDFB(s) and they were involved in series of un- lawful activities and waging war
against the Government.

Without going into the minute details of differences in the three accounts of the
incident, it is suffice to state that the general story line about the joint operation is almost
similar in all the three reports, except for the differences in the composition of the joint
operation teams and the details of the deployment of different elements of the joint
operation teams in the conduct of the operation. In the Special Situation Report of 156
Bn CRPF, there is no mention of participation of SSB. However, the Special Situation
Report of 210 CoBRA CRPF mentions the involvement of one Section of 15 Bn SSB.
Whereas the FIR filed by the civil police states that troops of 15 Bn SSB and 6 Bn SSB
were also involved in the operation.

C. Constraints in the Conduct of the Discreet Enquiry

Enquiry/investigation of cases of custodial deaths as such is inherently difficult as the only
witnesses in most of such cases are the perpetrators of crime themselves, the victim and his
body. In addition to the above inherent difficulties, the EO had to face additional challenges
while conducting the enquiry into this matter. It was not possible for him to conduct an
open enquiry for the following reasons:

1. An open enquiry would have exposed the identity of witnesses who were willing to
come forward and state the truth. In such matters, the witnesses are under tremendous
peer pressure to remain silent about wrongdoings and illegal acts of their colleagues. It
is very difficult for the witnesses to break the sub-culture of the organization and speak
the truth.

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 2. Multiple security forces were involved in this operation. However, since it was an
internal enquiry, the EO did not have mandate to call for the records and secure
participation of other security forces in the enquiry. Moreover, calling for the records
from other security forces would have exposed the enquiry, resulting into hostility
between the CRPF and other security forces involved in the operation. Therefore, only
the documents available with the CRPF could be collected and analyzed. Also, only the
statements of CRPF personnel could be recorded.

3. Due to the apprehensions of exposure, hostility, and retaliation from the local villagers
of the area, it was also not possible to visit the places of occurrence and examine the
civilian witnesses.

D. Facts Disclosed During the Discreet Enquiry

During the course of enquiry, the EO examined nine witnesses and collected nine
documents. The analysis of the oral and documentary evidence discloses the following:

1. Involvement of Security Forces: Reportedly, civil police (officers/men of District

Chirang), Army (personnel of 7 Sikh LI), CRPF (personnel of F/156 Bn and Team No.
15 of E/210 CoBRA), SSB (personnel of 15 Bn and 6 Bn) were involved in the joint
operation.

2. On 29/03/2017, at about 2330 hrs, OC, PS Amguri requisitioned one platoon of F/156
Bn CRPF located at PS Amguri for an operation duty in PS Amguri area. The Company
Commander, Insp/GD Ishwar Das with 2 ASI, 5 Head Constables and 13 Constables
(total 21) reported at PS Amguri for this purpose.

3. On 30/03/2017, at about 0100 hrs, this platoon left PS Amguri along with Shri Manas
Saikia, APS, DSP (HQ), District Chirang; SI Jitesh Barman, OC, PS Amguri and other
police personnel for Ouguri area in separate vehicles. The CRPF platoon was following
the police team in two vehicles. Two persons in civil dress, who were reportedly guides,
were also accompanying the police team.

4. After travelling in vehicles up to Ouguri bridge, the joint team proceeded further on
foot. They walked for about 3.5 km and reached village D-Kalling at about 0245 hrs on
30/03/2017. The guides identified a house where an NDFB(S) cadre, namely, Langfa
was reportedly present along with an associate.

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5. The suspects house was cordoned by the security forces. Thereafter, Shri Manas
Saikia, APS, DSP (HQ), SI Jitesh Barman, OC, PS Amguri along with other police and
CRPF personnel entered the house.

6. On entering the house, the joint team found one young boy (aged 10-11 years) sleeping
in the front room and two young men sleeping in another room on the same bed. The
two rooms were separated by a bamboo partition. One of them was wearing a T- Shirt
and Bermuda and the other was wearing a T- Shirt and lungi. They were identified by
the police personnel as NDFB(S) cadres, namely, Langfa (wearing T-Shirt and
Bermuda) and David (wearing T-Shirt with lungi). One hand grenade was recovered
from under the pillow of the bed on which both these men were sleeping. While the
house was being searched, a woman came from the adjacent house and identified the
young boy as her son. The police team allowed her to take the young boy away. The
joint team of civil police and CRPF left the house along with both the apprehended
persons and the grenade recovered from their possession.

7. When they reached near the Ouguri market, they were joined by Shri BP Barkakoti,
APS, Additional SP, District Chirang, who was leading another team of security forces
comprising civil police, Army, and 210 CoBRA personnel. From this point, Shri BP
Barkakoti, APS, Additional SP led the joint team of security forces.

8. Senior officers of both the teams had some discussions there. The two apprehended
NDFB(S) cadres were in the custody of the security forces. Thereafter, the security
forces returned to their respective vehicles which were parked near Ouguri bridge and
left in a convoy. The civil police vehicles with the apprehended persons were leading
followed by the vehicles of Army and 210 CoBRA. The two vehicles carrying the
platoon of F/156 Bn, CRPF were in the rear.

9. On 30/03/2017, at about 0430 hrs, the convoy stopped on the road near village
Simlaguri. Soon thereafter, the sound of gunshots was heard. Both the persons
apprehended from the village D-Kalling were found lying injured by the roadside in an
unconscious state with gunshot wounds. One INSAS Rifle, a Revolver, one Chinese
make Grenade and a few empty cartridge cases were also lying on the ground near them.
Both the injured persons were taken by the police to Kajalgaon Hospital, where they
were declared to have been brought dead.

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10. Shortly thereafter, Shri SB Raimedhi, IPS, Superintendent of Police (SP), District
Chirang, also visited the place of incident. After staying there for some time, the SP,
Chirang left along with the Additional SP, DSP (HQ), police, Army, and CoBRA teams.
The platoon of F/156 Bn CRPF was left behind at the place of incident. Later, they also
returned to their camp at PS Amguri at about 0830 hrs on 30/03/2017.

11. The photographs of the both the persons claimed to have been killed on 30/03/2017
near Simlaguri village by the security forces in exchange of fire were shown to the
witnesses. The witnesses identified them as the same persons who were apprehended
from village D-Kalling by the joint team of police and F/156 Bn CRPF led by Shri
Manas Saikia, APS, DSP (HQ), District Chirang on 30/03/2017 night.

12. As per PS Amguri Case No. 12/2017, and the Special Situation Report dated
30/03/2017 of the Commandant, 156 Bn CRPF, a team of 210 CoBRA was also
involved in the joint operation. Furthermore, as per the Special Situation Report dated
30/03/2017 of the Commandant, 210 CoBRA, Team No. 15 of E/210 CoBRA had
participated in the joint operation.

13. However, when the EO examined the personnel of Team No. 15 of E/210 CoBRA,
some of them flatly denied having participated in this operation. This itself shows that
there was something amiss about the operation. Since an enquiry had been started to
ascertain the facts and circumstances surrounding this operation, these personnel who
initially claimed credit for this operation wanted to dissociate themselves from any
involvement in it.

14. The EO had collected and analyzed the GPS track log of Team No. 15 of E/210 CoBRA.
The GPS track log establishes the following important points:
a. The Team No. 15 of E/210 CoBRA had participated in the operation.
b. The Team No. 15 of E/210 CoBRA had visited the area of the alleged hostile
engagement of the security forces with the NDFB(S) cadres twice on the first
occasion they stayed there for 15 minutes (from 0214 to 0219 hrs) and on the second
occasion for about 80 minutes (from 0420 to 0540 hrs). It begs an answer as to why
the CoBRA team had visited the said spot twice on the same day within a few hours.
It leads to the suspicion that the CoBRA team was trying to identify a suitable
location where the alleged encounter with the NDFB(S) cadres could be stage
managed.

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 c. It corroborates the oral testimony of the witnesses who stated that the two persons
apprehended from the village D-Kalling by the joint team of civil police and F/156
Bn CRPF were brought near the Ouguri market, where they joined with another
team of security forces led by Shri BP Barkakoti, APS, Additional SP, District
Chirang. The joint team led by Shri BP Barkakoti, APS, Additional SP then moved
towards Simalguri village along with the apprehended persons. The GPS track log
shows the presence of 210 CoBRA team in the Ouguri area at about 0345 hrs on
30/03/2017.
d. The GPS track log further shows that the 210 CoBRA team started moving from
Ouguri market area at about 0345 hrs on 30/03/2017 towards the place of incident
near Simlaguri village where the alleged hostile engagement with NDFB(S) cadres
took place. They reached the place of incident where the apprehended persons were
killed at 0420 hrs on 30/03/2017.

E. Findings
Based on the available oral and documentary evidence, the following facts are established by
the discreet enquiry:

1. On 30/03/2017, between 0245 to 0300 hrs, a joint team of civil police and F/156 Bn,
CRPF led by Shri Manas Saikia, APS, DSP (HQ), District Chirang apprehended two
persons from a house in village D-Kalling under PS Amguri, District Chirang, Assam.
These two persons were reported to be NDFB(S) cadres, namely, Lucas Narzary @ N.
Langfa and Eyob Islary @ David Islary. Only one Chinese make Hand Grenade was
recovered from their possession when they were apprehended in village D-Kalling.

2. As per PS Amguri Case No. 12/2017, and the Special Situation Reports dated
30/03/2017 of 156 Bn CRPF and 210 CoBRA, a joint operation was launched by the
security forces based on a reliable intelligence input regarding movement of 4 to 5
NDFB(S) cadres in Simlaguri area under PS Amguri, District Chirang. Assam. On
30/03/2017, at around 0430 hrs, near village Simlaguri, when the civil police
challenged 4-5 persons, they came under indiscriminate fire from them. The civil police
retaliated in self-defense and in the exchange of fire, which ensued for 20 minutes, two
NDFB(S) cadres namely, Lucas Narzary @ N. Langfa and David Islary @ Dayud
succumbed to the bullet injuries sustained by them. The claim of a hostile engagement
with the NDFB(S) cadres is untenable and lacks credibility as both the persons who are
shown to have been in killed in an exchange of fire were already in the custody of the
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 security forces. Thus, the narrative of the exercise of self-defense appears to be false.
It is, in fact, very likely to be a case of premeditated custodial killing.

3. As per the PS Amguri Case No. 12/2017, and the Special Situation Reports of 156 Bn
CRPF and 210 CoBRA, the security forces recovered and seized the following arms,
ammunitions, and explosive from the possession of insurgents who had been killed and
from the place of incident: (i) one 5.56 mm INSAS Rifle along with magazine and ten
rounds of live 5.56 ammunition; (ii) nine empty cases of 5.56 ammunition; (iii) one
7.65 mm Revolver along with three rounds of live 7.65 ammunition; (iv) three empty
cases of 7.65 ammunition; and (v) one Chinese Hand Grenade. The above recoveries
and seizures appear to be fabricated as the narrative of hostile engagement is false and
invented. In fact, only one Chinese make Hand Grenade was recovered from the
possession of the two persons who were apprehended 30/03/2017 in village D-Kalling.
Thus, except the Chinese make Hand Grenade, all other arms and ammunitions shown
to have been recovered from the scene of the alleged hostile engagement with NDFB(S)
cadres have been most likely planted by the security forces.

4. The FIR registered in connection with the so-called joint ops by SI Jitesh Barman, OC,
Amguri PS on his own complaint vide Amguri PS case No. 12/2017 U/s 120 (B)/ 121
(A)/122/353/307 IPC R/W sec 25(1-A) Arms Act R/W sec 4 E.S. Act R/W sec
10/13/16/18 UA (P) Act and the Special Situation Reports dated 30/03/2017 submitted
by Commandant, 156 Bn, CRPF and Commandant, 210 CoBRA present a fictitious
account of the joint operation by the security forces to conceal pre-planned murders of
two persons in custody and present it as some brave act of professional achievement.

F. Recommendations
1. Since multiple security forces are involved in the incident, it is necessary to entrust the
investigation of this matter to an external independent agency for an unbiased,
impartial, and thorough investigation.

2. The security forces involved in the joint operation must truly reflect how systems and
processes have weakened over a period of time, resulting in commission of such unlawful
acts in a planned and coordinated manner. It is absolutely necessary that urgent systemic
reforms be initiated to prevent such wrongdoings in future.

(Rajnish Rai)
IG, NES, CRPF, Shillong.
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