NHRC directs Government of NCT of Delhi to pay compensation to victim of police atrocity Departmental action to be taken against errant Delhi Police official

The National Human Rights Commission has directed the Delhi Government to pay to the next of kin of one Deepak Khera a sum of Rs. 1.00 lakh as "immediate interim relief", in view of the fact that one of the factors that drove Shri Khera to take the extreme step of suicide was the threat of false prosecution, intimidation and ill-treatment at the hands of a Sub-Inspector of Delhi Police. The Commission also recommended that appropriate departmental action be taken against the errant Sub-Inspector.

A complaint was received in the Commission from Shri Vinod Singh Khera of Dakshinpuri, New Delhi alleging the detention, beating, torture and false implication in a case of his brother, Deepak Khera, at the Ambedkar Nagar Police Station of Delhi.

Taking cognizance of the case, the Commission called for a report from the Joint Commissioner of Police (Southern Range) and also directed its Director General (Investigation) to collect facts. According to the Joint Commissioner of Police, Deepak Khera was involved in a case of theft from a shop on 14 December 1998, which also included the stealing of a television set. Though, during police interrogation, Deepak admitted to having committed the crime, nothing was recovered from him. The police report added that Deepak was a notorious person and an alcoholic. According to the report of the Commission’s own investigation team, however, the theft of the TV set by Deepak Khera was not established and the confessional statement of Deepak about his involvement in past criminal cases, as claimed by the police, appeared to have been secured under police pressure.

On perusal of these reports, the Commission directed the Joint Commissioner of Police (Vigilance), New Delhi to inquire into the matter more fully. His report indicated that the supposed recovery of the television set from Deepak had not been supported by evidence during the course of inquiries, though at the same time the reputation of Deepak was not above suspicion.

The Commission considered it to be most unfortunate that a senior officer of the police hierarchy, viz., the Joint Commissioner of Police (Southern Range), to whom the NHRC turned for assistance – as indeed the Commission is statutorily entitled to – should have wittingly or unwittingly endorsed a cover-up operation of his subordinates. This led to a tragic finale in this episode. While the police investigation was in progress, Deepak Khera reportedly committed suicide on 11 March 1999. Though there is no conclusive indication as to what forced him to take his life, the Commission felt that the proximity of time between the attempt of the police to foist an apparently false case of theft on Deepak, and the date of suicide, reasonably lends itself to the conclusion that the highhandedness of the police had some connection with the unfortunate event.

To the Commission, the circumstances justified a reasonable inference that, at the least, the police intimidation and ill treatment precipitated the unfortunate fatal event, even if it was not the sole cause. It was the sense of desperation and hopelessness, stemming from a sense of futility in securing justice, that could have compelled the young man to take the extreme step.

The Commission added that even if Deepak Khera had a criminal record, this would not justify the attempt of the police to foist a false case on him. The Commission thus rejected the initial police report and accepted the report of its own Investigation Wing, which was substantially corroborated by the JCP (Vigilance), and gave its directions on 23 October 1999.

The Commission has asked the Delhi Government to send a compliance report in six weeks time.