The family of Tafazzul Islam, who drowned to death while in police custody, has claimed a case of mistaken identity by the police. The family approached the Gauhati High Court on Monday over procedural lapses after Islam, who was arrested on suspicion of raping a minor girl in Dhing last month, died after falling into a pond when he was taken for recreation of the crime scene.

Advocate Junaid Khalid, representing Tafazzul's family said that the photographs of the alleged accused which went viral on social media, were not of Tafazzul's, insinuating that he was wrongfully arrested and subsequently died while in police custody.

Khalid said, "We have approached the court with a case of mistaken identity. The photo which got viral is not of Tafazzul. The family raised an objection and due to mistaken identity, a man has died. The court would have decided in due time whether he committed the crime or not."

He said, "We have filed a writ petition today over procedural lapses on part of the government and Dhing police station officials leading to Tafazzul's death in police custody. The court has taken cognizance and issued a notice to the government representative."

After the gang rape of a 14-year-old girl in Nagaon district's Dhing while returning from tuitions on August 22, the photographs of three individuals, allegedly the culprits, circulated on social media. Dhing police arrested Tafazzul Islam shortly after. He was taken to the crime scene for recreation when he tried to jump custody and fell into a nearby pond where he drowned. The police said that he could not be saved and his body was pulled out later.

Meanwhile, Tafazzul's family is yet to receive any documents like arrest warrant, post-mortem report or death certificate even after applying several times, the advocate said, adding, "We informed the court about this and the government's representative has been ordered to produce them before the court."

Khalid further said, "The Supreme Court has several judgements on custodial deaths. There are strict guidelines. The National Human Rights Commission also has guidelines on custodial death. The court today sought the government's response on this directing to file an affidavit on November 4."

Asked about the possibility of foul play in the death of Tafazzul in police custody, Khalid said, "It looks like that. His hands were tied as we saw in the photographs of the body. How can he flee with his hands tied?"

After the death of Tafazzul Islam, an enquiry was initiated with Hojai Deputy Superintendent of Police (DSP) Pallav Tamuly entrusted with the probe.

Meanwhile, two other suspects in the case surrendered before Nagaon police on September 6 after being on the run since the incident.