NHRC directs Karnataka Government to pay Rs. 1.5 lakh to victims of illegal detention
The National Human Rights Commission has asked the Government of Karnataka to pay a compensation of a total of Rs. 1 lakh and 50 thousand to two persons who were illegally arrested, detained and tortured by the Karnataka Police.
The Commission had received a complaint from one Kum. Lalitha of Mysore alleging that her father Shri Muniswamy had been forcibly taken away by the police in the early hours of 14 August 1999 and next day her brother Shri Subramani had also been picked up. According to the complainant, her efforts to know their whereabouts not only failed, she was also rebuked and abused by the police who she had approached for help. After she finally managed to trace them and found them illegally detained at Jayapura Police Station in Mysore District, she sent a telegram to the Chief Justice of Karnataka High Court on 4 September 1999 praying for intervention and release of her father and brother. She also requested the police officials to release them but they not only turned a deaf ear, but threatened her with dire consequences. She finally moved a petition in the District Court, which issued a search warrant through an Advocate Commissioner. But by the time the Commissioner reached the police lock up, her father and brother had been shifted.
Taking cognizance of the complaint the Commission issued notice and received a report from the Commissioner of Police, Karnataka, which denied the allegations. Subsequently the Commission also received a petition from the brother of the complainant alleging his illegal detention and torture by the police. On consideration of the matter and in view of the complete denial by the Superintendent of Police, Mysore, regarding the detention of the father and brother of the complainant, the Commission directed its Investigation Wing to hold an inquiry into the allegations. The Investigation team, after visiting the place, concluded that the allegations made by Kum. Lalitha were true and that there were medical evidences, which proved that Shri Subramani had been tortured while under illegal detention.
The Commission also observed that as per the police reports, the father and brother of the complainant had been arrested by the Jayapura Police Station only on 29 October 1999, whereas more than a month earlier, on 24 September 1999 itself the Commission had received a complaint dated 20 September 1999 from the complainant. The Commission doubted that the complainant would have made a complaint so much in advance in anticipation of the illegal detention of her father and brother which would take place about 40 days later. Had her father and brother not been in illegal police custody, she also would not have made such frantic efforts in the different Courts to have them released.
The Commission consequently made the following recommendations to the State Government of Karnataka through its Chief Secretary:-
To register a case of illegal arrest and wrongful detention/ confinement of Shri Muniswamy and Shri Subramani from. 14 August 1999 to 28 October 1999 for the torture and physical violence perpetrated on Shri Subramani during the period of illegal detention. Case was also be registered for their false implication as well as false implication of Shri Subramani while he was actually in Central Jail, Mysore as an undertrial prisoner. The investigation of the case should be done by the CBCID and follow up action taken and report sent to the Commission.
To show cause as to why departmental action should not be recommended to be initiated against Superintendent of Police, Mysore district and the Deputy Superintendent of Police, Mysore Rural Sub-Division for not making a thorough and proper inquiry into the complaint, for sending misleading and incorrect reports to the National Human Rights Commission and for their lack of sensitivity to the human rights of the citizenry.
To pay a sum of Rs.50,000/- each to Shri Muniswamy and Shri Subramani as compensation for their illegal arrest and wrongful detention during the period 14 August 1999 to 28 October 1999.
To pay an additional sum of Rs.50,000/- to Shri Subramani for the physical torture/violence perpetrated on him during his illegal confinement.
The State would however, be at liberty to recover either the whole or part of the said amount from the delinquent officials or any one or more of them.
The Commission had received a complaint from one Kum. Lalitha of Mysore alleging that her father Shri Muniswamy had been forcibly taken away by the police in the early hours of 14 August 1999 and next day her brother Shri Subramani had also been picked up. According to the complainant, her efforts to know their whereabouts not only failed, she was also rebuked and abused by the police who she had approached for help. After she finally managed to trace them and found them illegally detained at Jayapura Police Station in Mysore District, she sent a telegram to the Chief Justice of Karnataka High Court on 4 September 1999 praying for intervention and release of her father and brother. She also requested the police officials to release them but they not only turned a deaf ear, but threatened her with dire consequences. She finally moved a petition in the District Court, which issued a search warrant through an Advocate Commissioner. But by the time the Commissioner reached the police lock up, her father and brother had been shifted.
Taking cognizance of the complaint the Commission issued notice and received a report from the Commissioner of Police, Karnataka, which denied the allegations. Subsequently the Commission also received a petition from the brother of the complainant alleging his illegal detention and torture by the police. On consideration of the matter and in view of the complete denial by the Superintendent of Police, Mysore, regarding the detention of the father and brother of the complainant, the Commission directed its Investigation Wing to hold an inquiry into the allegations. The Investigation team, after visiting the place, concluded that the allegations made by Kum. Lalitha were true and that there were medical evidences, which proved that Shri Subramani had been tortured while under illegal detention.
The Commission also observed that as per the police reports, the father and brother of the complainant had been arrested by the Jayapura Police Station only on 29 October 1999, whereas more than a month earlier, on 24 September 1999 itself the Commission had received a complaint dated 20 September 1999 from the complainant. The Commission doubted that the complainant would have made a complaint so much in advance in anticipation of the illegal detention of her father and brother which would take place about 40 days later. Had her father and brother not been in illegal police custody, she also would not have made such frantic efforts in the different Courts to have them released.
The Commission consequently made the following recommendations to the State Government of Karnataka through its Chief Secretary:-
To register a case of illegal arrest and wrongful detention/ confinement of Shri Muniswamy and Shri Subramani from. 14 August 1999 to 28 October 1999 for the torture and physical violence perpetrated on Shri Subramani during the period of illegal detention. Case was also be registered for their false implication as well as false implication of Shri Subramani while he was actually in Central Jail, Mysore as an undertrial prisoner. The investigation of the case should be done by the CBCID and follow up action taken and report sent to the Commission.
To show cause as to why departmental action should not be recommended to be initiated against Superintendent of Police, Mysore district and the Deputy Superintendent of Police, Mysore Rural Sub-Division for not making a thorough and proper inquiry into the complaint, for sending misleading and incorrect reports to the National Human Rights Commission and for their lack of sensitivity to the human rights of the citizenry.
To pay a sum of Rs.50,000/- each to Shri Muniswamy and Shri Subramani as compensation for their illegal arrest and wrongful detention during the period 14 August 1999 to 28 October 1999.
To pay an additional sum of Rs.50,000/- to Shri Subramani for the physical torture/violence perpetrated on him during his illegal confinement.
The State would however, be at liberty to recover either the whole or part of the said amount from the delinquent officials or any one or more of them.