On NHRC intervention Government of Haryana pays Rs.1 lakh as monetary relief to a victim of police atrocities (21.5.2015)
The complainant was allegedly picked up by Haryana police on 16.02.2012 and was detained and tortured at the Police Post of CIA, Hodal, for five days. On 21.02.2012, he was allegedly handed over to Police Station Kosikalan (Uttar Pradesh), where also he was beaten up and detained for another five days and was released only after demanded bribe of Rs.40,000/- was given to the Station Officer. The SP, Palwal, denied the allegations vide his report dated 6.09.2012. However, the complainant reiterated the same. Hence, the Commission through its proceedings of 14.01.2013 directed the DGP, Haryana, to get the complaint dated 21.03.2012 and subsequent comments dated 6.11.2012 thoroughly enquired into by the CBCID. Through his letter dated 5.04.2013, the DGP forwarded enquiry report of the CBCID, which established that the then In-charge of the Special Staff, Hodal along with Head Constable Sarajuddin, Head Constable Hasin Khan and Constable Javed Khan had picked up the complainant suspecting him to be involved in theft of tractors and was illegally detained for 2-3 days for interrogation. This report was considered by the Commission in its proceedings of 4.07.2013 and found that it was a clear case of violation of human rights. Hence, show-cause notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 was ordered to be issued to the Govt. of Haryana. The DGP, Haryana, was also directed to take suitable departmental action against the delinquent police officials and also to ensure that an appropriate FIR was registered against them. The DGP, Haryana informed the Commission that FIR No.259 dated 31.08.2013 u/s 323/343/34 IPC had been registered against delinquent police officials at Police Station Hodal. As to the departmental action, he said that further progress report had not been received in this regard from the concerned branch of his office and that the same would be submitted in due course. No response to the show cause notice was received from the Government of Haryana in spite of reminder. Hence, keeping in view the facts and circumstances of the case, vide proceedings dated 25.06.2014, the Commission recommended to the Government of Haryana, through its Chief Secretary, to pay a compensation of Rs.1,00,000/- (Rupees One Lakh only) to the complainant for violation of his human rights at the hands of the policemen concerned. The Chief Secretary was required to submit a compliance report along with proof of payment, but the same has not been received. The DGP, Crime, Government of Haryana, was directed to submit updated status of investigation in FIR No.259 dated 31.08.2013 of PS, Hodal. He was also directed to inform the Commission about the status of any departmental action taken against the delinquent police officials. A report dated 18.08.2014 has been received from the S.P., Palwal. As per the report, in case crime No.259 dated 31.08.2013 of P.S., Hodal, accused were arrested and challaned on 30.11.2013 during investigation. Subsequently, by order of the DGP, Haryana, the investigation of the case has been transferred to the State Crime Branch, Gurgaon. The I.O. was directed to send the challan in court at an early date. He further informed that the departmental enquiry was being conducted by the DSP, Headquarters, Palwal. The Commission, therefore, directed as under: "Issue a reminder to the Chief Secretary, Government of Haryana to send within four weeks a compliance report along with proof of payment of Rs.1.00 lakh as compensation to the next of kin of the victim, Bhudev Shastri. The DGP, Crime, Government of Haryana be directed to send within four weeks the final outcome of investigation in FIR No.259 dated 31.08.2013 of P.S. Hodal. The DGP, Government of Haryana be directed to inform the Commission within four weeks a report on action that has been taken against the delinquent police officials in departmental enquiry." In response, SP, Palwal vide communication dated 11.2.2015 has intimated the Commission that Bhudev Shastry @ Bhudev Sharma resident of village Kirawata, District Bharatpur, Rajashthan has been paid Rs.1.00 lakh as relief through cheque. Proof of payment is also annexed with the letter. The SP, Palwal, vide communication dated 18.8.2014, has informed the Commission that crime No.259 dated 31.8.2013 u/s.323,343/34 IPC PS Hodal was investigated and a challan dated 30.11.2013 was prepared against Inspector Dev Vrat, Head Constables Sirajuddin and Hasim Khan and Constable Javed Khan. They were arrested by the State Crime Branch, Gurgaon, Haryana and Inspector PS Hodal has been directed to file challan in the Court. He has further reported that the departmental enquiry against the erring police officials case is in progress. The DGP, Government of Haryana is directed to send within four weeks the report on action taken against the delinquent police officials in departmental enquiry and also the status of investigation of the criminal case against them. Regarding payment of relief, inform the recipient and the Information Officer, NHRC.