NHRC recommends action against SDM and Police officers in a dowry death case

New Delhi August 09, 2007 The National Human Rights Commission has said that Right to Life is secured to citizens by Article 21 of the Constitution of India and if that right is endangered or taken away and the concerned authorities show an attitude of indifference or insensitivity to such incident, that the concerned authorities are prima facie guilty of omission in preventing the violation of human right.
The Commissions' observation came in a case related to dowry death in New Delhi. The Commission has also recommended action against the SDM, Seelampur, in the year 1998 and an Officer in-charge, Police Station, Bajanpura during the same period for their negligence in not registering an FIR in the case. The Commission also called for action against two other supervising police officers who did not take serious step to collect the inquest report from the SDM, Seelampur.
The Commission's recommendations came on a complaint filed by Shri Om Prakash Aggarwal in the year 1998 from Purulia district of West Bengal. In his complaint he had alleged that his sister Sudha who was married to Rajesh Goel of Vijay Park, Delhi on Dec 7, 1996 was being harassed by her in-laws for dowry. In the year 1998, during visit to her parent's house Sudha filed a case u/s 498 A/406 IPC in the Court at Raghunathpur, Purulia against her in-laws. She was, however, taken back by her husband and in-laws after a compromise on August 4, 1998. On September 4, 1998, at about 11 p.m, Sudha's in-laws conveyed to a relative at Dhanbad that Sudha had died.
The complainant was informed by the relative about the death of his sister and he visited Delhi. However, the behaviour of Sudha's in-laws made him suspicious of the circumstances in which she had died. On an inquiry in the locality, Om Prakash came to know that she had been murdered by her in-laws on September 3, 1998 and cremated the next day. However, no one from the locality was ready to give evidence or statement to any authority. On September 9, 1998, the complainant went to Bhajanpura Police station and lodged a complaint. The FIR was not registered and the police did not take any action. Under these circumstances, the complainant prayed for Commissions' intervention.
On February 24, 1999, the Commission directed that the complaint be transmitted to DCP (North-East) for inquiry and report.
Following this, the Commission received a report on March 10, 1999 from DCP (North-East), which said that the information of the incident was received at Police station, Bhajanpura on September 4, 1998 and ASI Bishan Chand was deputed to make an inquiry. Since the death had occurred within seven years of marriage, ASI Bishan Chand informed the then SDM, Seelampur Shri Prakash Chandra about this. Shri Prakash Chandra examined three persons namely, Om Prakash Aggarwal, Dr Om Datt Tyagi and Shri Maluk Chand, landlord of the in-laws but he did not make any direction for registration of FIR. It was stated in the report that the local police would take action only after receiving a direction from the Office of SDM.
The Commission continued with its correspondence with DCP (North-East), SDM Seelampur and DCP (Vigilance). On September 5, 2006, the Commission received a letter from DCP (Vigilance) in which it was said that the SDM Seelampur had handed over the statements of the three persons (names as per the earlier paragraph) to ASI Bishan Chand without giving a recommendation for registering FIR. It also said that the record of inquest by Shri Prakash Chand could not be traced in his office. The Commission summoned DCP (North-East) and DCP (Vigilance) before it on November 29, 2006. Again on December 19, 2006 incumbent SDM Seelampur Shri L.R. Meena and DCP (North-East) and DCP (Vigilance) appeared before the Commission. The Commission also asked for an explanation on the issue from Shri Prakash Chandra, the then SDM, Seelampur and Inspector R.S. Khatri the then SHO, Bhajanpura.
After going through the sequence of events, the Commission said that the Officer in-charge of the Police station had not performed his duty of registering an FIR and the SDM Seelampur who was to conduct an inquest delayed it for almost 8 years. The Commission further said that the Supervising Police officers had been casual in their approach and there has been omission on their part. The Commission called for action against all the concerned officers not only on the departmental side but also to investigate about their complicity in hushing up the suspicious circumstances in the death of Sudha.
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