The Haryana Human Rights Commission on Friday really helpful to the state authorities to pay Rs 25,000 as compensation to a custodial torture sufferer.
“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 fee mentioned.
Observing that the “state is vicariously liable for the torturous acts of its employees”, the fee mentioned that there’s a deep concern on the rising incidences of custodial crimes occurring in numerous elements of the nation. The fee mentioned that it is going to 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 in opposition to the complainant’s son underneath Sections 307, 324, 201 learn with Section 34 of the Indian Penal Code (IPC) at Kherki Daula police station on October 4, 2020.
The complainant had alleged his son was arrested in an try and homicide case in Gurgaon on December 18, 2020. On December 19, 2020, he was despatched to police remand for 2 days. The complainant alleged that an assistant sub inspector (ASI) referred to as him to Kherki Daula police station and demanded Rs 6 lakh to settle the case and when he informed them that he couldn’t 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 earlier than the courtroom, the complainant had moved an utility for medical examination of his son alleging torture throughout police remand by the police.
The fee mentioned after the arrest, on December 18 and 19, no harm was discovered within the medical examination of the complainant’s son, whereas within the medical report dated December 22, 2020, accomplished on orders of the courtroom, there have been two accidents, easy in nature and acknowledged to have occurred inside 10 to fifteen days.
The fee had directed the senior police officers to submit a report, particularly mentioning how the sufferer sustained two accidents on the time of the medical examination performed on orders of the courtroom on December 22, notably when he had no harm on his particular person on the time of his arrest and the following day in the course of the medical examination on the civil hospital.
The fee had additional mentioned that it was not glad with the reply to the present trigger discover filed by the ASI involved, 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 fee mentioned that from medical experiences and information of the case, it’s established that the sufferer suffered accidents on his physique when he was within the custody of the ASI and it’s made out that he was given beatings in police custody throughout police remand.