New Delhi 23rd February 2006
The UP police has assured the National Human Rights Commission that it has directed its personnel to be sensitive while dealing with cases of human rights violation. This assurance came after the NHRC expressed its distress on the approach adopted by the disciplinary officer in awarding minor penalty of "censure" to the erring officials in the case of a 70 years old man Hoshyara who was picked up by the police in July 2001. Accordingly to a story reported in an English fortnightly Human Rights Observer, published from Delhi the victim had been taken to the police station, tortured and released only after he paid Rs.1500/-.
The Commission had while pursuing the case expressed its distress stating that: the minor penalty of censure is not at all commensurate with the gravity of the misconduct of unlawful confinement and torture of the victim as well as extortion of money for his release by the delinquent police officials under the colour of their office, who are under an obligation to protect the rights of the citizen. Awarding of minor punishment of "censure" for such a grave misconduct is not only an eyewash but it gives an impression of tolerance for corruption and violation of human rights. That is not at all acceptable. If such type of grave misconduct committed by the police officials is dealt with in such a casual and routine manner it would encourage the policemen not only to commit violations of human rights of the citizens but also indulge in corruption without fear of any punishment. No civilized State can permit that to happen. Authorities must appreciate that it is high time they took steps to infuse human rights culture in the police force working at police station level with zero percent tolerance, for corruption.
Disciplinary authorities in the police force at all levels must realize that it is because of such incidents the police is losing the credibility and trust of citizens. Therefore, there is need for dealing with such misconduct on the part of the police officials with a deft hand.
The DGP, UP was directed by the Commission to personally look into the matter and ensure that a penalty, which is commensurate with the gravity of misconduct committed by the erring officials, is awarded to them. He should also issue instructions to all the disciplinary authorities in the State Police System to be alive to the issues of violation of human rights by the police and corruption in police force while awarding penalty for misconduct to the erring officials.
The DGP, UP was asked to submit the action taken report on the recommendations of the Commission as also the status of the criminal case pending against the delinquent police officials within four weeks.
However no reply was received and the Commission issued conditional summons u/s 13 of the Protection of Human Rights Act, 1993, for personal appearance of the Director General of Police, Uttar Pradesh vide its proceedings dated 9th January, 2006. Soon after a report was sent by the UP authorities stating that:
(a) The State administration has the power to change/enhance the punishment of 'censure' awarded to the guilty policemen by SSP, Ghaziabad. Accordingly, the matter of enhancement of the punishment has already been sent to the State Administration on 25.1.2006. The decision of the State Administration and progress would be communicated immediately on receipt.
(b) Case No.358/02 u/s 323/342 IPC and u/s 13(1)D/13(2)D of Prevention of the Corruption Act registered against the delinquent policemen is under consideration of the Hon'ble Court and the next date of hearing is on 14.2.2006.
(c) Orders have already been issued to all SSPs/SPs of the State to show awareness and sensitivity while taking administrative action against policemen found guilty in human right violation and corruption cases.
The above report was accompanied by a letter of the DGP, UP dated 30th January 2006, addressed to all the SSPs and SPs of Uttar Pradesh.
The letter of the DGP inter alia stated: - "………….that in cases of human rights violation and corruption, awarding of punishments like 'censure' is not only a matter of routine but also reflects the lack of sensitivity and kindness of senior police officials towards the junior staff and that it is not acceptable. Disposing off cases of human rights violation and corruption in a casual and irresponsible manner, punishment would not act as a deterrent but would encourage the policemen to commit such acts. No civilized society can permit such things. All officers should be determined to spread awareness and culture of respecting human rights issues among policemen and also disciplinary officers should show zero per cent tolerance in cases of human rights violation and corruption. It is true that such cases have led to the policemen lose their credibility and the confidence of the people and in order to regain the trust of the people, violations of human rights by policemen should be dealt with a firm hand."
Finding the response of the DGP, UP to the recommendations made by the Commission on 19th October 2005, to be in the right spirit, the Commission felt no further action by it is called for and the file has been closed.
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