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Haryana human rights panel recommends Rs 25,000 compensation in custodial torture case

“It is the responsibility of the state authorities to take care of all persons in custody. The police are empowered by the state to enforce laws and maintain public order. They do not have the right to take the law in their hands as they please,” the commission said.

By: Express News Service | Gurgaon |
Updated: May 14, 2022 11:05:18 am
The case pertains to an FIR registered against the complainant’s son under Sections 307, 324, 201 read with Section 34 of the Indian Penal Code (IPC) at Kherki Daula police station on October 4, 2020.

The Haryana Human Rights Commission on Friday recommended to the state government to pay Rs 25,000 as compensation to a custodial torture victim.

“It is the responsibility of the state authorities to take care of all persons in custody. The police are empowered by the state to enforce laws and maintain public order. They do not have the right to take the law in their hands as they please,” the commission said.

Observing that the “state is vicariously liable for the torturous acts of its employees”, the commission said that there is a deep concern at the growing incidences of custodial crimes occurring in different parts of the country. The commission said that it will be “open for the department to take any action after holding any further enquiry regarding violation of human rights against the other police officials named in the complaint.”

The case pertains to an FIR registered against the complainant’s son under Sections 307, 324, 201 read with Section 34 of the Indian Penal Code (IPC) at Kherki Daula police station on October 4, 2020.

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The complainant had alleged his son was arrested in an attempt to murder case in Gurgaon on December 18, 2020. On December 19, 2020, he was sent to police remand for two days. The complainant alleged that an assistant sub inspector (ASI) called him to Kherki Daula police station and demanded Rs 6 lakh to settle the case and when he told them that he could not pay the sum, the police official beat his son with a stick.

Two days later, after the expiry of police remand, when his son was produced before the court, the complainant had moved an application for medical examination of his son alleging torture during police remand by the police.

The commission said after the arrest, on December 18 and 19, no injury was found in the medical examination of the complainant’s son, while in the medical report dated December 22, 2020, done on orders of the court, there were two injuries, simple in nature and stated to have occurred within 10 to 15 days.

The commission had directed the senior police officials to submit a report, specifically mentioning how the victim sustained two injuries at the time of the medical examination conducted on orders of the court on December 22, particularly when he had no injury on his person at the time of his arrest and the next day during the medical examination at the civil hospital.

The commission had further said that it was not satisfied with the reply to the show cause notice filed by the ASI concerned, observing that “lame excuses have been created to shift the burden of his wrongdoing on the doctors who conducted the medical examination on December 18 and 19”.

The commission said that from medical reports and facts of the case, it is established that the victim suffered injuries on his body when he was in the custody of the ASI and it is made out that he was given beatings in police custody during police remand.

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