NHRC calls for disciplinary and criminal action against four officers in a case relating to a Pakistani national
New Delhi July 11, 2007In keeping with its tradition of safeguarding everyone's right, the National Human Rights Commission in a significant announcement has expressed the view for disciplinary as well as criminal action against delinquent officers, in a case relating to a Pakistani national in Banaskantha district of Gujarat. The case relates to Raziabibi Sheikh Jamir Luhar, who was intercepted on March 25, 2003 at Indo-Pak border and produced at Police Station, Mavsari. This was intimated by SP, Banaskantha to the Commission on May 12, 2003. The intimation also said that Jamir Luhar was not produced in the court. During interrogation on May 12, 2003, he complained of headache and asked for water. A doctor from Primary Health Centre, Suigam, was immediately called. However, Jamir Luhar collapsed and was declared dead.
The Investigation Division of the Commission obtained post-mortem report and Magisterial report from the State Government. The post-mortem report showed ante-mortem injuries with most of the injuries on the back and there was only one head injury. According to the doctors, the cause of death was shock and haemorrhage. The SDM, Tharad who conducted inquiry into the circumstances of death, the deceased was interrogated on the day he died by a Joint Team. The Team consisted of Sub-Inspector, Special Bureau, Makwana, Incharge of Suigam; Shri Devender Sathwara, Officer Incharge of Special Bureau of Radhanpur; Shri Kumar Anand, Officer of CIB and Shri P.N. Singh of BSF.
The Police officials posted at the Police Station told the Magistrate that the deceased was interrogated in a closed room while interrogations' team said that they had not closed the room while interrogating Jamir Luhar. Moreover, the doctor from the Primary Health Centre who came to the Police Station, had found that the deceased had no clothes on his body.
After going though all the related reports, the Commission said it is as much alive to the human rights of foreigners as it is for the Indian citizens. The Commission said that the rule of Law must prevail in all cases. Going through the case, the Commission said Raziabibi Sheikh Jamir Luhar was not produced in the court as required by Law and was illegally detained. As per the post-mortem report it appeared that he was subjected to torture during interrogation resulting in his death, the Commission added.
The Commission said that it felt disciplinary as well as a criminal action must be taken against the delinquent officers in the case. The Commission, however, said it would like to give the concerned officers an opportunity of being heard.
The Commission has issued notice to the four officer concerned and has asked them to explain in writing why disciplinary as well as criminal action be not recommended against them. They have been given four weeks time for a response.
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The Investigation Division of the Commission obtained post-mortem report and Magisterial report from the State Government. The post-mortem report showed ante-mortem injuries with most of the injuries on the back and there was only one head injury. According to the doctors, the cause of death was shock and haemorrhage. The SDM, Tharad who conducted inquiry into the circumstances of death, the deceased was interrogated on the day he died by a Joint Team. The Team consisted of Sub-Inspector, Special Bureau, Makwana, Incharge of Suigam; Shri Devender Sathwara, Officer Incharge of Special Bureau of Radhanpur; Shri Kumar Anand, Officer of CIB and Shri P.N. Singh of BSF.
The Police officials posted at the Police Station told the Magistrate that the deceased was interrogated in a closed room while interrogations' team said that they had not closed the room while interrogating Jamir Luhar. Moreover, the doctor from the Primary Health Centre who came to the Police Station, had found that the deceased had no clothes on his body.
After going though all the related reports, the Commission said it is as much alive to the human rights of foreigners as it is for the Indian citizens. The Commission said that the rule of Law must prevail in all cases. Going through the case, the Commission said Raziabibi Sheikh Jamir Luhar was not produced in the court as required by Law and was illegally detained. As per the post-mortem report it appeared that he was subjected to torture during interrogation resulting in his death, the Commission added.
The Commission said that it felt disciplinary as well as a criminal action must be taken against the delinquent officers in the case. The Commission, however, said it would like to give the concerned officers an opportunity of being heard.
The Commission has issued notice to the four officer concerned and has asked them to explain in writing why disciplinary as well as criminal action be not recommended against them. They have been given four weeks time for a response.
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