Show-cause notice issued to Delhi Government
The Commission has issued notice to the Government of NCT of Delhi to show-cause as to why a sum of Rs. 3.00 lakhs should not be awarded as "immediate interim relief" for payment to the next of kin of Mohd. Irshad Khan, who had died in police custody.
The Commission, on 17 October 2000, had taken cognizance of a report received from DCP, North-East District, Delhi stating that one Mohd. Irshad Khan had been brutally beaten to death by police officials. The policemen had taken him to hospital, where he had been declared brought dead. Requisite reports relating to the post-mortem, magisterial inquiry and findings relating to the cause of death were called for and received on 15 December 2000.
In the meantime, the Commission also received a petition from the victim’s father alleging negligence and lack of cooperation by the police and administration.
According to the reports received from the DCP, Delhi, investigation conducted in the case established the guilt of two police constables who, while intervening in a scuffle between Shri Irshad and a rickshaw-puller, had beaten the former severely, resulting in his death. A charge sheet in the case had been framed against the accused persons, and the matter was to be tried in the competent court of law.
The Commission, while considering the material relating to the incident, and the charge-sheet for trial u/s 302 read with Section 34 IPC, observed that a strong prima-facie case existed justifying the award of "immediate interim relief" u/s 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased Shri Irshad. The Commission made it clear that the award of this relief would not in any manner prejudicially affects all or any of the accused persons who were to be tried, or even the merits of the points, which arose for determination during the trial. It was highlighted that, in a case like the present, "immediate interim relief" u/s 18(3) of the Act, was relatable to the failure of the State to protect the life of the victim in such circumstances.
The Commission has asked for a reply from the Government of NCT of Delhi by 16 March 2001.
The Commission, on 17 October 2000, had taken cognizance of a report received from DCP, North-East District, Delhi stating that one Mohd. Irshad Khan had been brutally beaten to death by police officials. The policemen had taken him to hospital, where he had been declared brought dead. Requisite reports relating to the post-mortem, magisterial inquiry and findings relating to the cause of death were called for and received on 15 December 2000.
In the meantime, the Commission also received a petition from the victim’s father alleging negligence and lack of cooperation by the police and administration.
According to the reports received from the DCP, Delhi, investigation conducted in the case established the guilt of two police constables who, while intervening in a scuffle between Shri Irshad and a rickshaw-puller, had beaten the former severely, resulting in his death. A charge sheet in the case had been framed against the accused persons, and the matter was to be tried in the competent court of law.
The Commission, while considering the material relating to the incident, and the charge-sheet for trial u/s 302 read with Section 34 IPC, observed that a strong prima-facie case existed justifying the award of "immediate interim relief" u/s 18(3) of the Protection of Human Rights Act, 1993, to the next of kin of the deceased Shri Irshad. The Commission made it clear that the award of this relief would not in any manner prejudicially affects all or any of the accused persons who were to be tried, or even the merits of the points, which arose for determination during the trial. It was highlighted that, in a case like the present, "immediate interim relief" u/s 18(3) of the Act, was relatable to the failure of the State to protect the life of the victim in such circumstances.
The Commission has asked for a reply from the Government of NCT of Delhi by 16 March 2001.