New Delhi, July 8th, 2010
Here is a sample of how the law enforcing agencies sometimes exceed their brief resulting in the violation of the right to life of an individual. 12 year old Durgesh son of Om Shankar Sharma, resident of Data Ganj, District Badayun in Uttar Pradesh became a victim of police excess in Uttar Pradesh and lost his life.

The National Human Rights Commission received a complaint regarding the incident from Mr. R.H. Bansal, Editor of Human Rights Observer alleging that Durgesh was brutally beaten up by the police personnel in District Badayun while being interrogated in connection with a theft in the area, and thereafter he was hanged to death by them. The incident happened on the 20th January, 2008 morning. It was also alleged that five police personnel also ransacked the house of Durgesh.

The Commission registered a case, and issued notice to the concerned State Authorities. The Commission, on consideration of reports submitted by them, found that these revealed no evidence of custodial violence or ante-mortem injury except ligature mark around the neck of the deceased. The cause of death in the post-mortem report was recorded as asphyxia due to hanging.

It was also informed that prosecution sanction was sought against the accused police personnel. The reports clearly established that the police officials were found guilty of causing death of Durgesh.

Subsequent to the Commission's notices and reminders, the State Government informed that one Sub-Inspector and two Constables were awarded penalty of withholding one year imprisonment, while disciplinary proceedings against another Sub-Inspector was in progress.

Thereafter, the Commission issued show cause notice to the Chief Secretary Govt. of Uttar Pradesh asking why monetary relief should not be awarded to the next of kin of the deceased.

The Secretary, Government of Uttar Pradesh informed that it is justified to pay interim relief to the next of kin of Durgesh as four police officials were found guilty for his death.

The Commission has recommended that the Government of Uttar Pradesh pay an amount of Rs. 5 lakhs as interim relief to the next of kin of the deceased. It has also asked for a compliance report along with the information about the outcome of the criminal case registered in the matter, and status of disciplinary proceedings against the concerned Sub-Inspector.

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