New Delhi, February 17th, 2012
It is a peculiar case of false implication wherein the Jharkhand police simply did not bother to cross-check the correct identity of an accused; they had booked in a criminal case, and registered a case in the name of another person as given by the accused. Thereafter, it took nearly ten years to the person wronged by the police to get some justice from the Jharkhand Government when subsequent to the National Human Rights Commission's persistence he got rupees two lakhs as compensation from the Jharkhand Government for his false implication.

Mohd. Firoz s/o Mustafa, a habitual offender was arrested by police in Chakradharpur district West Singhbhum, Jharkhand. At the time of his arrest, Mohd. Firoz gave his name to the investigating officer as Fauji Ansari, son of Kallu Panwala. When Fauji Ansari received a notice from the court of Sub-Divisional Judicial Magistrate, Sadar, Chaibasa, he moved an application before the court that he was never arrested in the case for which he received a notice for a hearing. The Judicial Magistrate directed the police to enquire the matter and submit a report within three months. However, instead of doing so, the police arrested Fauji Ansari who was sent to jail on the 17th July, 2002. His wife wrote to the NHRC requesting for its intervention and prayed for taking action against the erring officials and payment of adequate compensation for harassment on the 20th August, 2002.

On the 4th September, 2002, the Commission issued a notice to the concerned authorities calling for report in the matter. After nearly six months, the Superintendent of Police, West Singhbhum, Chaibasa confirmed that Mohd. Firoz was an accused in GR Case No. 283/91, but he dishonestly gave his name as Fauji Ansari to the enquiry officer. A case was registered against him for impersonation and necessary steps were taken to correct the name in the charge-sheet already submitted in the GR Case No. 283/91 in the court. But despite repeated reminders, the State authorities did not inform the Commission as to how long they kept the wronged man in jail, but agreed that he deserved to be compensated.

The Commission on the basis of facts before it observed that Fauji Ansari suffered incarceration due to dereliction of duty on part of the inquiry officer despite a court order; hence, the human rights of the victim were violated by the State. It recommended that the Jharkhand Government pay rupees two lakh to Fauji Ansari s/o Kallu Panwala.

The Commission also directed the State Chief Secretary to initiate disciplinary action against the delinquent officer for the serious lapse which resulted in gross violation of human rights of the victim.

Finally, the Jharkhand Government has informed the Commission that it paid the amount to the victim vide a check number 403210 dated the 17th November, 2011.
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