Annual Report - National Human Rights Commission

Complaints Before the Commission
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resulting from false implication in cases, illegal detention, torture, and other acts of
wrong-doing by the police.
4.19 That the Commission has been making certain recommendations through its annual reports
for strengthening the Investigation Division by sanctioning additional posts and bringing about
changes in the conditions of service of its personnel with a view to facilitate the appointment of
well qualified and trained man power. The Commission is still awaiting the Government to
fulfill its assurance.
C] Selective Cases 2004-2005
4.20 As in the previous year, the Commission received a wide range of complaints relating to
human rights violation from the various parts of the country. The complaints included cases
alleging custodial deaths, torture, police high-handedness, violations committed by security forces,
prison conditions, rights of women and children and other vulnerable sections, bonded labour,
negligence of public authorities etc. The Commission has also taken up suo-motu cognizance of
many important incidents of violation of human rights which received media attention. The
Commission has frequently been issuing press releases in respect of the more prominent cases,
information concerning such cases which is often also included in the monthly Newsletter and
placed on the website. The summaries of 32 such representative cases follow :
a) Human Rights Violations by Custodial Institutions
1. Death of Sher Mohammad in Police custody by torture: Uttar Pradesh –
Case No. 8924/95-96/NHRC
4.21 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 22 nd 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.
4.22 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.
4.23 While considering the matter on 14 th 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
National Human Rights Commission Annual Report - 2004-2005
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