Annual Report - National Human Rights Commission

Complaints Before the Commission
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4.211 In response to aforesaid directions, the State Government, submitted that there was no
justification for grant of immediate interim relief to the next of kin of the deceased, since allegations
of torture were not substantiated during CB CID inquiry.
4.212 While referring to the law laid down by the Hon’ble Supreme Court of India in Nilabati
Behera vs. State of Orissa – 1993 (2) SCC 746, the Commission held that the police official escorting
the undertrial did not take reasonable care to prevent avoidable harm and there was dereliction of
duties to take care on their part. The State was, therefore, vicariously liable. The Commission, therefore
directed for payment of Rupees One lakh to the next of kin of the deceased. The Government of U.P.
complied with the recommendations of the Commission. The case was, accordingly, closed.
Custodial Torture
1. Custodial torture of Zamir Ahmed Khan : Uttar Pradesh (Case No. 14071/24/
2001-2002)
4.213 This case relating to torture of Mr. Zamir Ahmed Khan in police custody was earlier
reported in the Annual Report for the year 2002-2003.
4.214 Upon consideration of the magisterial inquiry report and the report received from the Senior
Supdt. of Police, Bulandshahar, UP, the Commission held that the allegations of custodial torture of
Zamir Ahmed Khan stood substantiated during the magisterial enquiry. Accordingly it recommended
an amount of Rs. 20,000/- as immediate interim relief to the victim. The said amount was paid to the
victim on 7-11-2003 by the State Government. The case was, therefore, closed on 12.7.2004.
2. Harassment and Torture of Jagannath Shaw by the RPF Staff: West Bengal
(Case No: 118/25/2002-2003)
4.215 This case was earlier reported in the Annual Report for the year 2003-2004. On the basis
of the findings arrived at by the Divisional Railway Manager, Asansol that the police personnel
were involved in the incident and that a charge sheet for imposing a major penalty under rule 153
of the RPF Rules, 1987 had been issued to the two errant police personel. The Commission issued
a show cause notice to the Eastern Railways, Calcutta to show cause as to why immediate interim
relief under section 18(3) of Protection of Human Rights Act be not given to the victim.
4.216 In response, the concerned Railway authorities informed that the errant officials were
already being dealt within the Department for which a major penalty was also likely to be
imposed on them and that there was no provision under the Railways Act. to grant interim relief
in such cases. The Commission, while rejecting the aforesaid plea of the Railway Authorities on
31-3-2004 recommended that Rs. 10,000/- be paid as immediate interim relief to the victim u/s
18 (3) of the Protection of Human Rights Act, 1993. The compliance report is still awaited.
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