Show-cause notice issued to UP Government in one of the oldest cases of custodial death still pending with the Commission

The Commission received a complaint from an NGO in Uttar Pradesh alleging that one Ram Kishore of Ghaziabad had died in police custody on 23 July 1993, due to physical violence and torture perpetrated on him. It was also alleged that the police had tried to hush-up the case by procuring false medical reports, destroying the evidence of torture, changing the name of Ram Kishore to Raj Kishore and offering a bribe of Rs. 1 lakh to the wife of the deceased in order to ensure that she did not pursue this matter.

The Commission had asked for a report from the Chief Secretary of Uttar Pradesh. After prolonged correspondence and several reminders, the State Government merely informed the Commission that the investigation of the case had been entrusted to CID, UP. As the report of the investigation was not forthcoming, the Commission continued to pursue this matter with the State Government.

Meanwhile, the Commission received another petition, this time from the wife of the deceased, alleging that the local police had been threatening her and trying to compel her to stop pursuing this case. Upon further directions from the Commission, the SSP, Ghaziabad and the SP (Rural), Ghaziabad reported that no local police officer had extended any such threat.

Since the report of the investigation conducted by the State CID was not received until October 1995, the Director General (Investigation), NHRC personally requested the Director General of Police, UP to look into the matter. He was requested to have the investigation of the CID completed urgently and a report sent to the Commission without further delay. However, it proved necessary for the Commission to send a series of reminders both in writing and orally to the State authorities, before the Director General of Police, UP finally sent a report to the Commission on 26 June 1997, setting out the outcome of the investigation conducted by the CID.

The report stated that

· The death of the deceased was due to a heart problem, which he had prior to his arrest;

· Two police officers and the employer of the deceased had, however, been found to be guilty of having had the deceased arrested. A charge-sheet would be submitted against them;

· Departmental action had been recommended against the ASP and SI of the area for lapses committed in the supervision of the case;

· Departmental action had been recommended against the Medical Officer for giving an incorrect post-mortem report;

· Departmental action had also been recommended against the SP (Rural), Ghaziabad and SDM, Modi Nagar for lapses committed by them.

The Commission received a separate report from DIG (Operations), UP, stating that, upon investigation by the State CID, it had come to light that the employer of the deceased had handed the latter over to the police in an unconfirmed case of robbery. He had been kept in illegal police custody and tortured during his detention as a result of which he had expired. During his post-mortem examination, though the cause of death was stated to be ‘not known’, anti-mortem injury marks had been found on his body. The report claimed that action was being contemplated against all the guilty officers. Later, upon further directions being sent to the State Government, the Commission was informed on 3 October 1997 that the ASP Modi Nagar had been found guilty of misconduct, destroying evidence and the hushing-up of this case. A warning had been administered to the officer. The Commission noted, however, that the State Government had not yet confirmed the nature of the action taken against the other police officers and the medical officer, that it appeared to be shielding the guilty officers, and that the reports to the Commission were not totally accurate.

On 27 January 2000, the Commission was constrained to record its deep distress at the continued apathy of the Government of Uttar Pradesh in respect of this case in as much as the detailed reports and material required from it had not yet been submitted. The Commission therefore issued summons to the Chief Secretary and the Director General of Police to appear before it on 8 March 2000 or to submit the necessary reports before that date. Pursuant to the conditional summons issued by the Commission, a façade of compliance was received from the UP Government, reporting on the purported action sought to be taken by it. As the Commission did not consider this response to be adequate, and in light of the seriousness of the case, the Commission issued an unconditional summons to the Chief Secretary and Director General of Police, UP to appear before it.

The Officers of the State of Uttar Pradesh subsequently informed the Commission that, after conducting a detailed investigation, charge-sheets had been submitted by the State CB CID against the employer of the deceased, the erstwhile Police Inspector in-charge and the Sub-Inspector involved in the case. Warnings had been issued to the ASP and an adverse entry had been recorded in the service records of the Sub Inspector and the Assistant Sub Inspector. The State Government had also taken departmental action against the Medical Officer, the Superintendent of Police and the Sub-divisional Magistrate involved.

The Uttar Pradesh Government is yet to inform the Commission of the outcome of the disciplinary proceedings taken against the various officers involved, as well as the current status in regard to the charge-sheets filed against the guilty. However, since the fact of the prosecution of public servants was itself sufficient proof and justification for the award of “immediate interim relief” under section 18(3) of the Protection of Human Rights Act, 1993, the Commission issued a notice to the Government of Uttar Pradesh to show-cause as to why immediate interim relief be not granted to the next of kin of Shri Ram Kishore.