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April 11, 2001

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NHRC asks Mahanta to drop minister accused of rape

The National Human Rights Commission has advised Assam Chief Minister P K Mahanta to drop Minister of State for welfare of plain tribes and backward classes Rajendra Mushahary, who is accused of raping a minor girl.

Questioning the wisdom of letting a person with such a grave charge against him continue in office, the commission said this ''not only ran counter to the rudiments of the rule of law but also gave the impression of likely interference in the cause of investigation and prosecution of the offence.''

The commission's orders came following a complaint that Mushahary had raped a class nine girl after she was lured by his henchmen. The victim, who had allegedly been raped on two occasions, had been threatened not to disclose the matter. But, on becoming pregnant, a complaint was lodged in Gossaigaon police station of the state. However, no action was taken by the police.

The commission called for a report from the Director General of Police, Assam. The report clearly named Mushahary as an accused in the offence and said a case had been registered and was being investigated.

The NHRC, by its order dated February 26, 2001, had asked the state government what action it proposed to take regarding the continuance of the accused as a minister.

The commission felt that the continuance of such a person ran counter to the basic rudiments of the rule of law.

In a reply on March 7 the chief minister, conveyed through the chief secretary, said he would consider further action only after completion of the investigation and DNA profiling.

Expressing its uneasiness on this response, the commission said that it was primarily for the chief minister to consider the desirability of continuance of a person, accused of the offence of rape, in the state cabinet.

''However, in the face of the material already available including the report of the police wherein the minister had been clearly named as an accused, who had obtained interim bail from the Guwahati high court, the propriety of the accused continuing as a member of the cabinet did assume considerable significance,'' the commission added.

UNI

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