Show cause notice on wrongful confinement for 14 years as a terrorist

The National Human Rights Commission has issued a show cause notice to the Delhi Government why monetary relief of rupees five lakh should not be recommended to be paid to Mohammad Amir, who was released after 14 year long incarceration in jail, destroying his youth, due to his wrongful arrest on the 27th February, 1998 from Old Delhi as an alleged 'terrorist' when he had just turned 18. The victim had been acquitted in 17 cases, including one by the High Court of Delhi. It has asked the Chief Secretary, Government of NCT of Delhi to respond.

The Commission has observed that Police play significant role in maintaining the order and enforce laws fairly and not unjustly. Police, as protector of law have both legal and moral obligations to uphold Human Rights and act strictly in accordance with law. Implicating innocent persons would not only go against all cannons of justice and rule of law but it also amount to real accused escaping from the clutches of law.

The Commission has also observed that it cannot be disputed that the security of the nation stands atop all other considerations and security of the nation is primary and sacred duty of every organ of the State. But the execution of such duties is strictly subjected to the mandate of relevant statutes and procedures established by the Supreme Court. In other words, the entire set of actions of the State must be regulated by the Rule of Law. It transpires from the case record that the victim was subjected to State action only on suspicion. Not an iota of evidence was produced in the court to connect Mohammad Amir with any of the alleged crimes. All the newspaper reports were unanimous over the human rights violation of the victim and the Commission cannot afford to differ with the wisdom displayed by the courts and media.

The Commission had taken suo motu cognizance of the issue on the basis of the media reports in March, 2014.