NHRC in a case of disappearance and death in District Mahendergarh finds loop holes in police action; issues show cause notice to the Government of Haryana (25.01.2021)

New Delhi, Dated 25th January, 2021

The National Human Rights Commission, NHRC, India in a case of disappearance of a woman and subsequent recovery of her body in District Mahendergarh, Haryana has found that the police did not act professionally to pursue the FIR in the matter and interrogate the alleged accused. Accordingly, it has issued a notice to the Government of Haryana, through its Chief Secretary, to show cause why Rs. 3 lakh should not be recommended to be paid to the next of kin of the victim woman. The State Government has been given six weeks to respond.

In addition to this, the Director General of Police, Haryana has been directed to submit an up-to-date investigation report within four weeks in FIR No. 21 dated 23.01.2020 u/s 346/365/376/D/306 IPC, PS Nangal Chaudhary, Dist. Mahendergarh which is being investigated by the State Crime Branch.

The Commission had registered the case on the basis of a complaint by the victim’s husband that his wife had gone missing on 22nd January, 2020 and one of his friends had also disappeared on the same day. An FIR was registered at Nangal Choudhary Police Station, Dist. Mahendergarh, Haryana but police did not take interest to trace the woman despite the regular follow up by the complainant. Later on, his wife’s dead body was found in mysterious circumstances on 31st January, 2020. The complainant had also alleged that the enquiry into the matter was being influenced under political pressure. The Commission, while issuing notice to DGP, Haryana calling for reports, had also directed its DG (Investigation) to submit an enquiry report.

The enquiry report of DG (Investigation), NHRC dated 29.10.2020 stated that on the basis of available documents and spot enquiry, it appeared that the police did not act professionally in the matter; neither it interrogated the alleged accused nor collected the CCTV footage of the cameras installed in the village. The statement crucial witnesses and witnesses were not recorded. The statement of the alleged prime accused was recorded much later after the recovery of the dead body of the victim. The police on its own have altered the charges from 302/376D/365 IPC to 306 IPC despite the fact that victim's nail had some skin, which was sent for DNA testing and report was still awaited. Further the charges of 306 IPC were leveled against the suspect. Hence, the negligent act of the police led to dilution of scientific evidence and delays in taking timely action complicates the case and raise suspicion in the mind of the complainant.

Therefore the Commission directed the DGP, Haryana to take action against the erring police officials of PS Nangal Chaudhary, Dist. Mahendergarh. He was further directed to transfer the investigation of the case to the Crime Branch, CID of the State under the close supervision of a Senior ADG level officer following which, the show cause notices were also issued to the concerned police officials by the concerned police authority. Further investigation is continuing in the matter by the CB-CID.

*****