From the archives of closed cases of human rights

T his column will carry a brief from the archives of the closed cases of human rights violations, which became a landmark after the public authorities had to eventually accept the recommendations of the NHRC.
Rs. 10 lakh as relief in a case of police torture
(Case No. 235/11/98-99)
Mr. S. Nambinarayanan, who was a senior scientist of Indian Space Research Organization (ISRO), in his complaint to the Commission alleged that he was subjected to severe custodial torture causing gross violation of his human rights by the Kerala police after arresting him on the 30th November, 1994, on the allegations of espionage, which could not withstand the scrutiny of the courts and were dismissed. He also alleged vilification by the officers of the Kerala police and the Intelligence Bureau leading to considerable humiliation and trauma suffered by his entire family.
The Commission, on the examination of the material on record, found the allegations as true and, by its order dated 14th March, 2001, recommended that the Government of Kerala pay Rs. 10.00 lakh to the complainant, as an immediate interim relief.
The recommendations of the NHRC were challenged before the High Court of Kerala. A single judge bench of the High Court quashed the recommendations and remitted case back to the Commission. Appeals were filed against the order of the single judge both by the complainant Mr. S. Nambinarayanan and DIG, Kerala Police, who was the head of the investigation team in the case. The appeal was, eventually, disposed of by the division bench of the High Court of Kerala on the 7th September, 2012, upholding the NHRC recommendations for payment of interim monetary relief to the victim. The operative part of the order is as follows:
"We, therefore, uphold the order of the NHRC with regard to the interim compensation ordered to be paid under Section 18(3) of the Act with direction to the State to make payment within a period of 3 weeks from production of this judgment."
Pursuant to further directions of the Court, Government of Kerala, after a long drawn out battle, submitted a report vide communication, dated 9th November, 2013, complying with the NHRC recommendations by paying Rs. 10.00 lakh as interim relief to Mr. Nambinarayanan.