NHRC directs UP Government to pay Rs. 1 lakh compensation in a case of custodial death
The Commission has directed the Government of Uttar Pradesh through its Chief Secretary to pay a sum of Rs. 1 lakh to the next of kin of a man who was tortured to death in custody.
A complaint was received from Smt. Bhagwan Devi of Aligarh, Uttar Pradesh, alleging that her brother Bholu had been tortured to death by some personnel of the Railway Protection Force, Aligarh. Though a case under Section 302 of IPC was registered against the errant policemen, no action had been taken against them.
In response to the Commission’s notice to the Chief Secretary of Uttar Pradesh, a report was received form the Superintendent of Police, Aligarh. According to the report, Bholu was arrested and produced before the Railway Magistrate and then remanded to judicial custody. Since he had sustained injuries, he was admitted to the district hospital, Aligarh where he died. Upon a complaint from Smt. Bhagwan Devi, the case had been investigated but the final report had been withheld and a reinvestigation ordered. The investigation was later transferred to the CID, Agra.
The Commission also received the magisterial inquiry report of the case. The magisterial inquiry confirmed that the accused had received injuries while in custody, which had resulted in his death. The report also held that certain police officials had been guilty of concealing facts and submitting a false report.
A report of the CID also prima-facie held the police officials guilty and called for their prosecution.
The Commission, on going through the records, observed that the allegations of custodial torture resulting in the death of Bholu had been substantiated both in the magisterial inquiry and also in the investigation conducted by CB/CID, UP. Considering it a fit case for award of immediate interim relief under section 18 (3) of the Protection of Human Right Act, 1993, the Commission, on 29 May 2002, directed the Government of UP to show cause within six weeks why immediate interim relief be not awarded to the next of kin of the deceased. Inspite of the notice of the Commission and a reminder to the UP Government on 29 August 2002, no report was received.
The Commission accordingly assumed that the UP Government had nothing to say and, on 21 November 2002, directed the Government to pay a sum of Rs. 1 lakh to the next of kin of the deceased.
A complaint was received from Smt. Bhagwan Devi of Aligarh, Uttar Pradesh, alleging that her brother Bholu had been tortured to death by some personnel of the Railway Protection Force, Aligarh. Though a case under Section 302 of IPC was registered against the errant policemen, no action had been taken against them.
In response to the Commission’s notice to the Chief Secretary of Uttar Pradesh, a report was received form the Superintendent of Police, Aligarh. According to the report, Bholu was arrested and produced before the Railway Magistrate and then remanded to judicial custody. Since he had sustained injuries, he was admitted to the district hospital, Aligarh where he died. Upon a complaint from Smt. Bhagwan Devi, the case had been investigated but the final report had been withheld and a reinvestigation ordered. The investigation was later transferred to the CID, Agra.
The Commission also received the magisterial inquiry report of the case. The magisterial inquiry confirmed that the accused had received injuries while in custody, which had resulted in his death. The report also held that certain police officials had been guilty of concealing facts and submitting a false report.
A report of the CID also prima-facie held the police officials guilty and called for their prosecution.
The Commission, on going through the records, observed that the allegations of custodial torture resulting in the death of Bholu had been substantiated both in the magisterial inquiry and also in the investigation conducted by CB/CID, UP. Considering it a fit case for award of immediate interim relief under section 18 (3) of the Protection of Human Right Act, 1993, the Commission, on 29 May 2002, directed the Government of UP to show cause within six weeks why immediate interim relief be not awarded to the next of kin of the deceased. Inspite of the notice of the Commission and a reminder to the UP Government on 29 August 2002, no report was received.
The Commission accordingly assumed that the UP Government had nothing to say and, on 21 November 2002, directed the Government to pay a sum of Rs. 1 lakh to the next of kin of the deceased.