Year
2004-2005
Death of Sher Mohammad in Police custody by torture: U.P. – Case
No. 8924/95-96/NHRC
The Superintendent of Police, Badaun, Uttar Pradesh vide his communication
dated 23 February 1996 intimated the Commission about the death of Sher
Mohammad s/o Abdul Rashid, an under trial prisoner, who was arrested on
22nd February 1996 in case No. 29/96 u/s 25 of Arms Act and case No. 20/96
u/s 364 IPC by the police from the Binowar police station. It was reported that
the under trial, Sher Mohammad fell ill and he died while on the way to the
District Hospital, Badaun on 23 February 1996.
In response to the notice issued by the Commission, the post mortem report
and the magisterial enquiry report were sent to the Commission. A perusal of
the Magisterial Inquiry Report showed that the said under trial prisoner was
beaten up by the SHO, while being interrogated in the two cases registered
against him, and died as a result of police torture. A criminal case was
registered against the SHO and a charge sheet was filed in court u/s 302/323
IPC.
While considering the matter on 14th January 2004 the Commission agreed with
the magisterial inquiry, that it was a case of custodial death which was caused
as a result of severe beating of the under trial while in custody of the police.
The Commission, therefore, directed the issuance of notice to the Chief
Secretary, State Govt. of U.P. to show-cause why “immediate interim relief” of
Rupees one lakh u/s 18(3) of the Protection of Human Rights Act, 1993 be not
given to the next of kin of the deceased. However, since no response was
received from Chief Secretary to the show cause notice, on further
consideration of the matter, the Commission on 21 April 2004, directed the
State Government of U.P. to pay an interim relief of Rs. 1 lakh to the next of kin
of the deceased. The Commission also observed that death in police custody is
one of the worst kind of crimes in a civilized society governed by the rule of law
and poses a serious threat to an orderly civilized society. Torture in custody
flouts the basic rights of the citizens and is an affront to human dignity. Police
excesses and torture in custody of the detainees/ under trial prisoners or
suspects tarnishes the image of a civilized nation and it is necessary to take
stern measures to check the malady. The National Police Commission in its 4th
Report of June 1980, almost a quarter of a century ago, noticed the prevalence
of custodial torture and observed that nothing is “so dehumanizing” as the
conduct of police in practicing torture of any kind on the person in their custody.
The National Human Rights Commission having been constituted under the
1993 Act for better protection of human rights and civil liberties of the citizen
has not only the jurisdiction but also an obligation to grant relief in appropriate
cases to the victims or the heirs of the victims whose right to life under Article
21 of the Constitution has been flagrantly infringed by the State functionaries
by calling upon the State to repair the damage done by its officers to the human
rights of the citizen. The State, in all such cases, is vicariously liable for the
wrongful acts of its officers. When the State is called upon to grant monetary
relief to the next of kin of the deceased or the victims of torture as the case
may be, by the Commission it is because the doctrine of strict liability of duty of
care on the part of the State is attracted to such cases. It is reiterated that the
State is vicariously responsible, if the person in the custody of the police is
deprived of his life except according to the procedure established by law, to
recompense the heirs of the victims.
The Government of Uttar Pradesh submitted its compliance report in respect of
the payment of rupees one lakh to the next of kin of the deceased.
Exploitation of Children by the Great Roman Circus in
Gonda District of Uttar Pradesh – Case No.7993/24/ 2004-
2005.
The Commission received a complaint, dated 15.6.2004 from the General
Secretary, Global March Against Child Labour, New Delhi – an NGO, alleging
assault on its members and parents of children during investigation of alleged
atrocities on children including sexual harassment at Great Roman Circus in
Golonelganj, District Gonda, U.P.
The Commission got the matter investigated through its team of officers and
also obtained a report from the Chief Secretary, State of U. P.
In response to the notice issued to the Government of Uttar Pradesh, the State
Government informed that three criminal cases – one u/s
147/148/325/323/352/5045/506/107 IPC and Section 3/5 of the Bonded Labour
Act had been registered against the owner of the circus and other persons; the
other u/s 376 IPC was registered against Raza Mohd., owner of the Circus in
respect of alleged rape by him on Kumari Neeta Lama. A third case u/s 354 IPC
was also registered against unknown persons. Apart from Neeta Lama, no other
woman employee had complained of sexual harassment/other exploitation.
The Government of Uttar Pradesh informed the Commission that in the first two
criminal cases, charge sheets had been filed before the court. In the absence of
evidence about sexual exploitation of the girls, final report had been filed in the
court in cases No. 283B to 283A u/s 354 IPC registered in this regard.
Twenty two girls (10 Indians and 12 Nepalese) were recovered on 22.6.2004 by
the SDM in the presence of NHCR team. Nepalese girls were handed over to the
Nepal authorities by the District Authorities of Gonda on 25.6.2004 taking them
from the circus. Action for their rehabilitation would be taken by the Nepal
Government. The remaining 10 Indian girls were sent to the Nari Niketan.
A writ petition had also been filed in the Hon’ble High Court, Lucknow Bengh,
Lucknow – Sharmila and others vs Raza Mohd etc. The girls sent to Nari Niketan
were to be produced before the Hon’ble Court on 23.7.2004 as per its
directions. Further action will be taken accordingly on the directions of the
Hon’ble Court. 7 girls working with the said circus belonged to District
Darjeeling, West Bengal who of their own after closure of the circus went back
to Darjeeling as per their wish along with their guardians.
The Commission, vide its proceedings dated 9.2.2005, directed SP (HR) in the
office of DGP, U.P., to send a copy of the writ petition pending before the High
Court at Allahabad together with any order made therein. The response is still
awaited.
Alleged death of Muhammad Akbar Sheikh in armed forces
custody, Baramulla district, Jammu & Kashmir
Inhabitants of a cluster of villages in Barwah tehsil of Baramulla district, Jammu
& Kashmir, submitted a written complaint to the Commission alleging the death,
in the custody of the armed forces, of Muhammad Akbar Sheikh on 27
December 1993. It was asserted that he was seized during an army crackdown
in the area on that date and that his dead body was handed over to the police in
Baramulla on 29 December 1993.
Proceeding under Section 19 of the Protection of Human Rights Act 1993, the
Commission called for reports from the Defence and Home Ministries. The reply
of the Defence Ministry, dated 6 September 1994, forwarded a report from
Army Headquarters. According to that report, the 15 Punjab Regiment was
involved in an operation against militants on 27 December 1993 around the
village of Fategarh. Tehsil Barwah, District Baramulla. A cordon was established
at 0700 hours and a search started at about 0900 hours.
All male adults were collected at the local government high school. Muhammad
Akbar Sheikh agreed to assist one of companies of the unit in the matter of the
search. Five hideouts were shown to the search party and weapons and
ammunition too were recovered. The search continued till 1800 hours. The
period being the last week of December 1993, the weather was harsh and the
terrain difficult. The report attributed the death of Muhammad Akbar Sheikh to
exhaustion.
After carefully analyzing the report, the Commission observed that it was
apparent that the deceased had been totally exhausted. The valley was in the
grip of severe cold at that time. The record further indicated that Muhammad
Akbar Sheikh was not a man in normal health. In such circumstances, it was the
obligation of those who wanted to utilize his services for the purpose of the
search, to take proper care of him. It was evident that exhaustion in this case
was the result of the strain put upon him by the search party. Though the case
was not one of custodial death, the situation was more or less akin to it.
After considering all aspects of the case, factual and legal, the Commission was
of the opinion that Muhammad Akbar Sheikh's life could have been saved if
appropriate care had been taken of him by the armed forces. Holding the latter
responsible for negligence in the death of Muhammad Akbar Sheikh, the
Commission directed the Ministry of Defence to pay Rs. 50,000/- as
compensation to the legal heirs of the deceased.
Accepting the recommendations of the Commission, the Ministry of Defence
issued a sanction order on 2 December 1994 for the payment of the
compensation. The Commission took note of this on 22 December 1994.
