Illegal detention in Uttar Pradesh

The Commission was seized of a complaint from Ms. Kamini Sharma of Mathura, Uttar Pradesh alleging that her father and one of her brothers had been illegally arrested and detained in custody for a day. These arrests had been made to ascertain the whereabouts of her brother Kapil who was a suspect in a murder case.

The Commission called for a report in this matter from the SSP Mathura. The report stated that the three had been called to the police station but had been let off after a brief interrogation. There had been no illegal detention.

Finding the report unconvincing, the Commission directed the matter to be investigated by its own Investigation Division. The report of the investigation team confirmed the truth of Ms. Kamini Sharma’s complaint. Thus it was prima-facie established that the arrests and detentions had been illegal and the conclusion was inescapable that they had been detained to put pressure on Kapil Sharma to surrender. The course of action adopted by the police was found to be wholly unjustifiable by the Commission. It also could not be backed by any authority of law.

Thus the Commission directed the Uttar Pradesh Government to get a case of illegal arrest/detention registered against the delinquent police officials and initiate appropriate disciplinary proceedings against the SSP, Mathura for his incorrect report and lack of concern for the human rights of the citizenry. The Commission also directed the payment of Rs.10,000/- to each of the victims by way of immediate interim relief.