Annual Report - National Human Rights Commission

Complaints Before the Commission
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lakhs to the next of kin of each of the deceased persons who were in the custody of Punjab
police at the time of their death.
4.7 Since its establishment in October 1993, the Commission has directed that interim relief to
the extent of Rs. 10,07,12,634/- to be paid in 617 cases. During the year 2004-05, the Commission
recommended that interim relief amounting to Rs. 23,27,000/- be paid in 46 cases, including 12
cases of deaths in police/judicial custody.
4.8 The Commission would like to reiterate that it is of utmost importance that both the Central
and State Governments respond promptly to requests for reports made by the Commission.
Further, they need to act without delay on its varied recommendations in respect of individual
cases. The Protection of Human Rights Act 1993 is based on the premise that the fullest
corporation will be extended to the Commission by both the Central and State Governments. It
is therefore, incumbent on them to assist the Commission in its efforts to dispose of cases promptly
and efficiently, in order to ensure that the better protection of human rights, as envisaged under
the Act, is achieved.
4.9 In the course of the year 2004-2005, the Commission has come across a large number of
cases complaining of avoidance on the part of the police station officers to register complaints of
cognizable offence or a tendency to minimize the gravity of the offence while registering a case.
This indeed is a violation of statutory obligations imposed on the police station incharge by the
provisions of Chapter XII, Code of Criminal Procedure, in particular, section 154 CrPC.
4.10 Such deviant act on the part of the police officers, in the opinion of the Commission, does
have an adverse effect on Criminal Justice Delivery System. Accordingly, it is recommended
that Central Government, all State Governments and all the Government of UTs should issue
necessary instructions to all the concerned police officers to meticulously adhere to provision of
section 154 CrPC in the matter relating to registration of cases.
4.11 During a visit by a team of officials from the Commission to the Central Women’s Jail,
Tihar, the Commission found that out of the 456 under-trial prisoners in the jail, 39 had completed
more than 3 years in the prison. The under-trials made a common complaint to the team about
the delay in commencement of their trials, slow progress of the trial for various reasons as well
as delay in pronouncement of sentence by the court even after hearing arguments. Apart from a
list of 19 specific complaints received by the team, it was reported that 9 under-trial prisoners
who have been granted bail by the trial court were found to be still languishing in jail because of
their inability to furnish surety.
4.12 Concerned with the glaring and systemic violation of basic human rights of a prisoner
to a speedy trial, which is a Constitutional imperative in Article 21 of the Constitution, the
Chairperson of the Commission requested the Hon’ble Chief Justice of High Court of Delhi
National Human Rights Commission Annual Report - 2004-2005
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