NHRC invokes powers of a Civil Court Summons issued to Chief Secretary, UP

Taking a serious view of the non-response of the Government of Uttar Pradesh in a case involving illegal detention and false implication of Shri Lal Chandra, the National Human Rights Commission invoked powers of a Civil Court and summoned the Chief Secretary, Government of Uttar Pradesh to appear before it together with all relevant records on 28 July 2003.



Shri Lal Chandra was kept in illegal detention on a false charge of several offences including that of murder. He was later released when it was found that the alleged murdered man was alive and that no such offence had been committed.



The Commission held that those responsible for the illegal detention and false prosecution of Shri Lal Chandra were liable to be proceeded in accordance with law, in addition to the payment of compensation to the victim for the violation of his human rights.



For a proper appreciation of the facts, the Commission found it necessary to examine the relevant documents including the order refusing to sanction prosecution, the final report submitted to the Court and the order of the Court accepting the final report. Accordingly, the Commission asked the Chief Secretary, UP to send a complete report by 25 November 2002. No response was received though four reminders were issued by NHRC between 9 December 2002 and 6 May 2003. The Commission, in its meeting held on 16 June 2003, viewed this casual attitude of the Government of Uttar Pradesh seriously.

By virtue of the powers vested in it under section 13 of the Protection of Human Rights Act, 1993, the Commission directed the Chief Secretary, Uttar Pradesh to appear before it together with all relevant records on 28 July 2003.



The Commission took cognizance of a complaint from Sri Lal Chandra, who was allegedly arrested by the Ghanghata police in Sant Kabir Nagar District without disclosing any reason on 1 November 1999 and was kept under illegal detention till 5 November 1999. He was implicated in a false charge of several offences including that of murder and was kept under detention from 6 November 1999 to 6 March 2000 in the District Jail, Basti. Later on, it was found that the alleged murdered man was alive and Mr. Chandra was let off by the Court.



Upon receiving the petition from Mr. Chandra, the Commission issued notice to the Director General of Police, UP calling for a report. The report submitted by the UP police revealed that no thorough investigation was made by the investigating officer as a result of which, the petitioner had to remain in the jail. The two Sub-Inspectors responsible for the neglect were therefore placed under suspension on 2 April 2000. Later a case under Section 342 IPC and under Section 29 of Police Act was registered against both the guilty Sub-Inspectors, which was substantiated after the investigation. The Investigation Officer submitted a report to the DIG, Basti Range for the prosecution of the delinquent police officers but due to lack of sanction for prosecution, the investigation was closed and a final report submitted to the Court, which appeared to have been duly accepted.