PRESS RELEASE

New Delhi, 31st August, 2015

The National Human Rights Commission, in a shocking example of inaction on part of police authorities in a matter of repeated abduction and rape of a girl by some people including a Sub-Inspector in District Aligarh, Uttar Pradesh, has asked the Chief Secretary and Director General of Police, Uttar Pradesh to get an enquiry conducted in the matter. The Commission has taken a serious note of human rights violations caused in the hands of police officials in the matter. They have been given four weeks' time to submit the report.

A 15 year old girl was first kidnapped on the 23rd May, 2014. On the complaint of her brother, an FIR No. 91/2014 under Sections 363/366 IPC at Police Station Pisawa, Aligarh was registered. She was recovered and deposed that a Sub-Inspector along with four others were behind her abduction and rape in a room at Police Station Pisawa.

However, the accused continued to roam around freely threatening the family of the victim. On the 25th June, 2014, the same Sub-Inspector along with eight others again abducted her. A complaint was lodged at Police Station Pisawa and with the SSP, Aligarh but no action was taken in the matter. Neither the girl was recovered nor any accused was arrested. The Sub-Inspector pressurized them to enter in a compromise. Subsequently, when he failed to get success in getting a compromise, the girl was abducted for the third time.

Pursuant to the directions of the Commission, an enquiry was conducted by the SP (Rural), Aligarh. But only the statement of the accused Sub-Inspector was recorded by the Inquiry Officer. The Commission found that during the proceedings before the court, the girl had raised the allegations of rape against the Investigating Officer, who was the same Sub-Inspector. Further investigation of the case was going on.

Mr. Justice D. Murugesan, Member of the Commission has observed that in a case where the complainant has been running from pillar to post to get justice and the police authorities are sitting silent in the matter. Despite the Order dated 12.08.2014 of the Court, no action has been taken against the accused police officer. The statement of the victim girl clearly reflects that cognizable offences were committed by named accused persons including police officer, but the police authorities neglected the miseries of the victim girl. The girl was kidnapped by same set of the accused persons three times and no action was taken.

He observed that the dereliction of duty was not only part of local Police Station Pisawa but also at the level of Senior Superintendent of Police, Aligarh as well as Deputy Inspector General of Police, Aligarh Zone, who also failed to set law into motion on written complaints of the complainant. It reflects that the superior police officials were also giving shelter to the guilty police officer and accused persons.

The newspaper clippings clearly show that there was hue and cry in general masses and large scale protests were carried out by the local residents in the matter but the police did not take any action. The Enquiry Officer, Dy. Superintendent of Police, Khair Aligarh also acted with carelessness and did not attempt to record the statement of the complainant and his witnesses during the enquiry.

No heed was paid to the allegations of the victim girl and his medical examination record. The offences of kidnapping had occurred on three occasions but only single FIR has been registered by the Police. The police was also duty bound to register and investigate the case against accused police officer as per Court's Order dated 12.08.2014 but the police had perhaps refused to act in accordance with the law. This indicates the sorry state of affairs in District Aligarh, Uttar Pradesh.

The Commission has directed investigation of the Case Crime No. 91/2014 dated 27.05.2014 u/s 363/366 IPC, PS: Pisawa Aligarh, be also transferred to CB/CID at headquarter. Separate cases shall also be registered in separate alleged incidents, in accordance with laws. The life and liberty of the victim and her family members be protected, in accordance with law. Appropriate action be taken against delinquent police officers including their supervisory officials. The complainant, victim and their witnesses shall be allowed to join the enquiry. An Action Taken Report be submitted to the Commission in the matter.

Deputy Inspector General of Police, Aligarh Zone, Aligarh has been directed to submit his explanation for his failure to set the law into motion on the written complaints made by the complainant in the matter. He shall also explain as to why police had not taken action against accused police officer despite the Court's Order to start investigation against the accused police officer.

Senior Superintendent of Police, Aligarh has been directed to submit his explanation for his failure to set the law into motion on the written complaints made by the complainant in the matter. He shall also explain as to why Dy. Superintendent of Police, Khair Aligarh did not conduct an impartial, fair, transparent enquiry into the matter on allegations of the complainant.

The Commission has given them four weeks time to respond, failing which it may resort to process under Section 13 of the Protection of Human Rights Act, 1993 for personal appearance before the Commission in the matter. The complainant has been given the liberty to submit his further grievances, if any, in the matter to the Commission.

*****