NHRC notice to the Government of Uttar Pradesh over reported mob lynching of a man after pulling him out of a police van in Shamli district (30.11.2018)

New Delhi, 30th November, 2018

The National Human Rights Commission, NHRC has taken suo motu cognizance of media reports that a 28 years old man, Rajendra alias Manu, was pulled out of a police van and beaten to death by a mob in the presence of Constables in Hathchoya Villagein district Shamli, Uttar Pradesh on the 26th November, 2018.

The Commission has observed that the contents of the media reports, if true, amount to violation of human rights of the victim. There cannot be any denial that it is the solemn duty of the police personnel to keep the arrested man in safe custody so that he could not be denied his infallible right to get justice in accordance with law. In the instant reported incident, it appears that by not protecting the victim from the clutches of hooligans or inciting mob resulted in his death.

Accordingly, it has issued notices to the Chief Secretary and Director General of Police, Government of Uttar Pradesh, calling for a detailed report, including the present status of the case registered against the miscreants in the matter within four weeks.

According to the media reports, carried on the 28th November, 2018, a purported video clip of the incident being circulated on social media showed the victim sitting in a police vehicle. A man in a blue shirt opened the door of the van and slapped the victim repeatedly. A policeman seated next to the victim holds him by the arm. The man is then seen pulling Rajendra out of the police vehicle.

The victim’s family has, reportedly, alleged that six villagers, with whom he had quarreled the previous day, beat him to death with lathis. The Superintendent of Police, Shamli has been reported saying that Rajendra did not die in police custody as he had escaped from the police van and was beaten by the crowd and later after two hours he fell from the roof from his house and died due to head injury.

However, reportedly, on the basis of a complaint filed by the victim’s brother, an FIR under various IPC Sections, including 302 (murder) and 148 (rioting with armed weapons) was lodged at Jhinjhana police station against six people. One of them, indentified as the “main accused”, has been arrested.