Directions issued to Gujarat Government on recent custodial death in the State
Following is the text of the Commission’s Proceedings of 28 October 2002 regarding the custodial death of Shri Samirkhan Sarfarazkhan Pathan in Gujarat:
Even though intimation of the custodial death of Samirkhan Sarfarazkhan Pathan has been received from the Office of the Joint Commissioner of Police, Ahmedabad City, there are also news paper reports mentioning some disturbing circumstances in which the killing took place. It is to ensure a fair inquiry into all such killings and to also ensure thereby compliance with the rule of law that the NHRC has issued guidelines requiring the procedure to be followed in such cases before reaching the conclusion that the killing was justified under the law and it was not the result of a fake encounter or death caused by custodial violence. It is, therefore, necessary for the Commission to examine the death so reported in that light.
Issue notice to the Chief Secretary, Gujarat and the Commissioner of Police, Ahmedabad to reply within two weeks giving the details of the procedure followed in the present case and also mentioning clearly whether the procedure adopted is in accordance with the NHRC guidelines issued for the purpose. A copy of these proceedings as well as that of the NHRC guidelines be sent to the noticees for ready reference.
Even though intimation of the custodial death of Samirkhan Sarfarazkhan Pathan has been received from the Office of the Joint Commissioner of Police, Ahmedabad City, there are also news paper reports mentioning some disturbing circumstances in which the killing took place. It is to ensure a fair inquiry into all such killings and to also ensure thereby compliance with the rule of law that the NHRC has issued guidelines requiring the procedure to be followed in such cases before reaching the conclusion that the killing was justified under the law and it was not the result of a fake encounter or death caused by custodial violence. It is, therefore, necessary for the Commission to examine the death so reported in that light.
Issue notice to the Chief Secretary, Gujarat and the Commissioner of Police, Ahmedabad to reply within two weeks giving the details of the procedure followed in the present case and also mentioning clearly whether the procedure adopted is in accordance with the NHRC guidelines issued for the purpose. A copy of these proceedings as well as that of the NHRC guidelines be sent to the noticees for ready reference.