Annual Report - National Human Rights Commission

Complaints Before the Commission
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
injuries by the jail staff which resulted in his death and therefore it was a clear case of violation
of human rights. Accordingly, a notice was issued to the Chief Secretary, Government of UP to
show cause as to why immediate interim relief u/s 18 (3) of the Protection of Human Rights Act,
not be granted to the next of kin of the deceased.
4.65 In response to the show cause notice, a report received from the DG, Prisons indicated
that the investigation of the case was conducted by CB/CID and a charge sheet u/s 302 IPC
was submitted against erring jail wardens. The case was pending trial. The then Superintendent
Jail and 10 other officials were proceeded against departmentally and had been punished.
The Commission considered the above report and being convinced that the deceased was
brutally beaten by the jail authorities which resulted in his death, the Commission observed
that the award of interim relief u/s 18 (3) of the Act is not dependent on strict establishment
of criminal liabilities after a full dress court trial. The benevolent provision can be invoked
irrespective of the fact that any litigation, civil or criminal is pending in the court. The
Commission, therefore, directed the State of UP to pay Rupees One lakh as immediate
interim relief to the legal heirs of the deceased and to submit compliance. The compliance
report is still awaited.
b) Human Rights Violations by Police
10. Torture and gang rape by police officers in Tripura - Case No. 5/23/2003-2004-
WC
4.66 The Commission received a complaint from Shri Suhas Chakma, Director, Asian Centre
for Human Rights, New Delhi alleging that Ms. Reang, a 17 year old girl was tortured and gang
raped by a group of three Special Police Officers of the State Government of Tripura on 26/5/
2003. The victim girl’s family complained to the police station naming the three guilty SPOs but
their complaint was not recorded.
4.67 In response to the notice, a report received from the DGP, Tripura indicated that a case
No. 6/2003 u/s 366 (A), 376, 326 and 34 IPC was registered in Police Station Raishyabari
against the three named persons on 28/5/2003. The medical report confirmed that the victim,
aged 17 years was sexually assaulted and raped. The three SPOs had been discharged from
the service, arrested and sent to jail. In view of the gravity of the allegation of sexual brutality
committed on a hapless girl by the three SPOS, the Commission directed to issue a notice to
the Chief Secretary, Government of Tripura to show cause as to why interim relief not be
granted to the victim.
4.68 The Government of Tripura informed the Commission that it had paid an amount of
Rs. 15,000/- as compensation to the victim Ms. Mithirung Reang. However, the Commission
observed that the offence of rape not only amounts to violation of the human rights of the victim,
36
National Human Rights Commission Annual Report - 2004-2005
AR-Chapter-1-19-10-6-06.p65
56
7/17/06, 6:29 PM