Tuesday, May 10, 2016

Action against police officials under section 302 IPC and others

case number at NHRC: 25623/24/10/2015

The Commission has received a complaint dated 26.6.2015 from Dr. Lenin Raghuvanshi of an NGO alleging death of a women due to police torture in Balia District of UP. Press clippings to this effect have also been forwarded. As per the press reports, one Raju had eloped with a girl and the Police had picked up Smt. Urmila, mother of Raju and Smt. Kosli, aunt of Raju. Smt. Urmila was brutally assaulted who later died. Due to resentment in public, a Cabinet Minister of UP Government also visited the scene of crime and the Superintendent of Police has suspended three police personnel. A prayer has been made for intervention by the Commission in the matter. In response to notice, the DIG, Azamgarh Range, UP vide his communication dated 03.09.2015 has submitted the report. Perusal of the same reveals that in connection with the aforesaid incident, a criminal case vide Cr. No. 477/2015, PS Dubhar, u/s 302, 143, 364, 323, 342 IPC dated 22.06.2015 has been registered. As per post mortem report, the deceased has died due to hanging. The case is however pending investigation. The Commission has considered the matter. The allegations made are serious in nature. The police report is altogether silent on the allegations made in the complaint and also on departmental action taken against the delinquent police personnel. Before the Commission proceeds further in the matter, let a notice be sent to the Chief Secretary, Government of UP and DGP, UP to entrust further investigation of case Cr. No. 477/2015, PS Dubhar, Balia to the CB/CID UP in accordance with law and submit the report within six weeks. The SP, Balia, UP shall inform of the departmental action taken against the delinquent police personnel within four weeks. Let a copy of these proceedings be also transmitted to the petitioner and to Munnilal Paswan s/o Jaddu Paswan r/o village Nagwan, PS Dubhar, District Balia, UP for information.

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