NHRC directs Rs. 10 lakhs compensation to victim of police torture; Disciplinary actions to be initiated against senior police officers and doctors

The National Human Rights Commission, in a far-reaching verdict, has directed the Uttar Pradesh Government to pay a sum of Rs.10 lakhs to Shri Rakesh Kumar Vij, a victim of police torture. He is to be treated at a premier Medical Institution with all his expenses paid. NHRC has also recommended disciplinary action against certain police officers and doctors involved in this case.

The Commission had received a complaint from one Raj Kumar Vij of Varanasi alleging that his son, Rakesh Kumar Vij had been subjected to severe physical torture by the UP Police. This had necessitated the hospitalisation of Rakesh, in order to save his life. The complainant alleged that the police had illegally detained his son in connection with a murder investigation.

It was mentioned in the petition that the victim was ill-treated and tortured and that electric shocks had been administered to him by making him urinate on a live electric coil - in order to elicit information about the murder. He was also not allowed to meet any family member. The torture had totally incapacitated the victim.

The Commission subsequently received a number of petitions from various non-governmental organisations and social activists regarding this case. Taking cognizance, the Commission issued notice to the Director General of Police, UP. The report received from the Senior Superintendent of Police, Varanasi stated that the victim had sustained injuries as a result of a fall while trying to run away from police custody. It also mentioned that Shri Rakesh Vij had a criminal record. The petitioner, when asked to respond refuted the police version. The Commission then directed its own Investigation Division to inquire into the incident. The report of the Investigation Team affirmed illegal detention and severe torture of the victim. The inquiry by the State CBCID, initiated by the UP Government, substantiated the Investigation Team’s report.

The Commission also asked the UP Government to have a Medical Board to assess the extent of physical disability suffered by the victim. The Medical Board gave a misleading report to the Commission, stating that the victim did not suffer from any gross structural damage, and that most of his complaints were subjective. It also stated that the patient had made a good recovery and that all his medical test results were within normal limits. The complainant, however, in a communication to the Commission expressed his doubts about the impartiality and trustworthiness of the medical report. He requested the Commission to assess the authenticity of the medical report.

In view of grave apprehensions of miscarriage of justice, the Commission got the victim examined by the Delhi Trauma and Rehabilitation Centre, which gave an entirely different assessment. Due to the discrepancies between the two medical reports, the Commission then directed that Shri Rakesh Vij be referred to the All India Institute of Medical Sciences (AIIMS) for reassessment of his health status. The Commission also directed the State Government to bear all the medical and travelling expenses of the victim.

According to the report from AIIMS, the victim’s spinal cord was compressed leading to deterioration of power in his lower limbs and in his neurological functioning in lower limbs like sensory loss of bladder and bowel movement. There were 60 to 80 per cent chances for improvement, but only if the victim undertakes high-risk surgery. He was suffering from hearing loss and some of his teeth were missing. He was suffering from severe Post-Traumatic Stress Disorder with no proven treatment.

The Commission was convinced that police officials had perpetrated custodial violence, brutal or savage in nature, on Shri Rakesh Vij. The Commission was also of the opinion that because of this torture, the victim had suffered trauma and stress and had been rendered incapable of living normally for the rest of his life. This was a case of a gross violation of human rights of a citizen resulting from barbaric acts of torture perpetrated on him. The State was, therefore, liable to compensate Shri Rakesh Vij for the damages suffered by him.

The Commission thus directed the UP Government to pay Shri Rakesh Vij Rs.10 lakhs by way of immediate interim relief. It was also directed to arrange for the complete medical treatment of Shri Vij at AIIMS, New Delhi or PGI, Lucknow, as Shri Vij preferred. The expenses of the treatment as well as the to and fro travelling expenses of Shri Vij, along with one attendant from his native place to the place of medical treatment, would also be borne by the State Government.

The Commission also directed the prosecution of the police officers found responsible for perpetrating various acts of torture on Shri Vij. As recommended by the State CBCID, disciplinary action is to be taken against five police personnel, including the Senior Superintendent of Police and a Superintendent of Police, Varanasi. The Commission has also issued notice to the concerned doctors from Varanasi asking them as to why recommendations should not be made to the State Government of UP to initiate appropriate disciplinary action against them for giving an incorrect report/findings about the status of health and extent of physical disability and incapability suffered by Shri Rakesh Vij.