Saturday, April 26, 2014

NHRC ordered for CBCID enquiry in the case of police torture

Case Details of File Number: 43832/24/24/2013
Diary Number 10776/CR/2013
Name of the Complainant LENIN RAGHUVANSHI, SECRETARY
Address P.V.C.H.R PANIPAT , HARYANA
Name of the Victim RAMLAUT
Address R/O VILL- DARVAN KE MAJRE, PS.AHIRAULI FAIZABAD (AMBEDKAR NAGAR), UTTAR PRADESH
Place of Incident DARVAN KE MAJRE RAJJU PUR FAIZABAD (AMBEDKAR NAGAR), UTTAR PRADESH
Date of Incident 1/1/1991
Direction issued by the Commission Shri Lenin Raghuvanshi, a human rights activist has drawn Commission's attention to a newspaper report published in Dainik Jagran and Hindustan alleging suspension of 3 police officials due to uprooting the ear of an old man. As per complaint, 3 constables of PS Ahiroli took away one old man Ram Laut aged about 70 years from his house over a land dispute with another person. At the police station, the two police constables caught the body of the victim and one of them namely Shivram pulled the left ear of the victim as a result of which, the victim fell down with serious bleeding injury. On enquiry by Circle Officer, Sadar, 3 police constables namely Vindresh Yadav, Ram Sagar Yadav, Shivram Bharti were found at fault and were suspended. In response, the SP, Ambedkar Nagar, UP has sent a report dated 27.1.2014 along with enquiry report of Circle Officer, Bhiti. As per report, FIR No. 18/2013 u/s 326/504/506 IPC and 3 (1) (x) of SC/ST (PA) Act was registered at PS Ahiroli against then SO and 3 police constables on the report of Ram Janam S/o Ram Laut. During investigation, the allegations against SI Neeraj Rai, constable Ram Sagar and Vindresh Yadav were found false and incorrect. During investigation, it was revealed that the constable Shivram Bharti had no intention to cause grievous injury to the victim as such the crime was converted to Section 335 IPC. The offences u/s 326/504/506 IPC and Section 3 (1) (x) of SC/ST (PA) Act were not made out against the constable Shivram Bharti as he belonged to the SC community. A charge sheet u/s 335 IPC only was submitted by the IO against constable Shivram Bharti alone. The Commission has considered the above report. The report is highly unsatisfactory. No copy of medical report of the victim, copy of FIR, statements of victim and eye witnesses, if any, have been enclosed. If there was grievous hurt caused to the victim by the accused, how could it be inferred that the accused had an intention to cause only simple hurt. It appears that the enquiry officer has only tried to save the departmental police officials, then SO and 2 other police constables from the legal consequences of the atrocity committed by them on a helpless old man. The matter needs an independent and fair enquiry. The DGP, UP is, therefore, directed to get fresh investigation conducted into the offence through a Senior Gazetted Police Officer of CBCID posted at the Hqrs. The copies of FIR, medical reports, statement of the victim and other eye witnesses, if any, medical record of treatment provided to the victim be enclosed with the report which should reach in one month. In the meantime, a copy of the above report be sent to the complainant for his information and comments, if any, within one month.
Action Taken Additional Information Called for (Dated 4/3/2014 )
Status on 4/26/2014 Response from concerned authority is awaited

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