Important Cases: 1. 'Censure' punishment awarded by UP Police in torture, extortion case distresses NHRC
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 Commission stated that it is not only an eyewash but it gives an impression of tolerance for corruption and violation of human rights, which 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.
The victim in this case was a 70 year old man named Hoshyara Singh, who had been picked up by the Uttar Pradesh 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 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.