'Censure' punishment awarded by UP Police in torture, extortion case distresses NHRC

New Delhi, 2 November 2005
The Commission has expressed its distress on noting the approach adopted by the disciplinary officer in awarding minor penalty of 'censure' to the erring police officials which it felt was 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.
The victim in this case was a 70 year old man named Hoshyara Singh, who had been picked up by the UP police on 11 July 2001 taken to the police station where he was allegedly severely beaten and tortured. The incident was reported in an English fortnightly which had alleged that the victim was released after he paid Rs.1,500/-.
The Commission, on 18 March 2002 directed the SSP, Ghaziabad to look into the complaint, take appropriate action and to submit a report within two weeks. A report received from the SP Ghaziabad stated that during the inquiry it was found that on 11 July 2001 at about 10.30 a.m., two Head Constables posted at Out Post Chhijarsi, Police Station, Pilkhuwan picked up Hoshyara Singh from his field and took him to the Police Out Post where he was subjected to torture. Thereafter, he was released after his son paid Rs.1,500/- to one of the Head Constables. The report further disclosed that a departmental enquiry was conducted against both the Head Constables and they were punished with 'Censure'.
The Commission considered it a fit case for grant of interim relief and issued show-cause notice to the Chief Secretary and Director General of Police, UP on 7 October 2004. However, a communication dated 21 May 2005 was received from the Joint Secretary, Government of UP informing the Commission that during investigation the allegation against delinquent police officials were prima facie substantiated. Therefore, charge-sheet under section 323/342 IPC and Section 13 (1)7 and section 13 (2) D of Prevention of Corruption Act, 1988 has been submitted in the Court. It further stated that under these circumstances, there is no justification for grant of 'interim relief'.
The Commission stated that 'award 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 misconducts on the part of the police officials with a deft hand'.
The Commission has directed the Director General of Police, UP 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. It stated that 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 Director General of Police, UP is 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.
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