B.P. Katakey, J.

1. The petitioner, the elder brother of Benudhar Daimary, filed the present writ petition alleging that on 20.12.2000 at about 10 AM the Officer-in-Charge of Rowta Out Post along with one police contingent came to their house and picked up his younger brother Benudhar Daimary along with three other persons from village Gangumakha under Udalguri Police Station in the district of Darrang, Assam in connection with Udalguri Police Station Case No. 24/2000 in presence of his wife and the other villagers and was tortured by the police in presence of the other three persons, who were picked up alongwith Benudhar Daimary in Rowta Police Out Post, resulting in inflicting grievous injuries as a result of which, he died. It has further been contended that on the next date, i.e. on 21.12.2000, when the writ petitioner alongwith other persons of the locality went to the Police Out Post to enquire about his brother, the Officer-in-Charge of the said Out Post informed that Benudhar Daimary and others picked up from the village were arrested in connection with the aforesaid Police Station case and sent to jail custody. In the writ petition, it has further been contended tha