Haryana Human Rights Commission takes cognisance of custodial torture, extortion allegations against police
The Haryana Human Rights Commission has taken cognizance of a complaint alleging serious human rights violations by officials of Government Railway Police (GRP) station, Ambala
The Haryana Human Rights Commission has taken cognizance of a complaint alleging serious human rights violations by officials of Government Railway Police (GRP) station, Ambala Cantonment, including illegal detention, custodial torture, physical assault, humiliation, extortion, criminal intimidation and abuse of official authority. The commission has recommended that the matter be investigated through a high-level inquiry. The complainant has alleged that he was summoned to the GRP police station in Ambala Cantonment on June 20 for questioning. Despite there being no FIR, complaint or incriminating material against him, he was allegedly kept in illegal detention. According to the complainant, the man is engaged in the business of marketing and supply of silver articles and frequently travels between Delhi and Punjab as part of his business. He alleged that after an incident involving the theft of gold in another coach of the train in which he was travelling, he was called to the police station for questioning on June 20. Despite fully cooperating with the investigation and in the absence of any FIR, complaint or incriminating evidence against him, he was "unlawfully detained" at the police station, the complaint stated.
The complainant further alleged that he was subjected to severe custodial torture using third-degree methods, physically assaulted, stripped, videographed in a naked condition and threatened with false implication unless he paid ₹10 lakh. He also alleged that his mother was not allowed to meet him during the detention and that his mobile phone was unlawfully seized by the police. The complaint stated that he later underwent treatment at the Government Hospital in Bathinda for injuries allegedly sustained during the incident. In an order dated July 1, Chairperson of the Haryana Human Rights Commission (HHRC), Justice Lalit Batra, observed, "the allegations contained in the complaint, if established, disclose a disturbing account of alleged custodial violence, illegal detention, abuse of police powers, extortion and violation of the dignity of an individual". "Custodial violence constitutes one of the gravest forms of human rights abuse as it is allegedly committed by public officials entrusted with the responsibility of protecting the life, liberty and dignity of citizens. Such allegations cannot be viewed lightly and warrant a prompt, impartial and effective inquiry," the order said.
The Commission noted that Articles 21 and 22 of the Constitution guarantee the protection of life, personal liberty and legal rights. It also observed that under the Protection of Human Rights Act, 1993, the Commission has a statutory obligation to inquire into allegations of human rights violations or negligence by public servants in preventing such violations. Justice Lalit Batra also referred to two landmark Supreme Court judgements, including one that held custodial violence, torture and deaths in police custody strike at the rule of law and amount to a direct violation of Articles 21 and 22 of the Constitution. The apex court also laid down mandatory guidelines governing arrest and detention to ensure transparency and accountability in police functioning. The HHRC directed the Director General of Police, Haryana, Panchkula, to ensure that the inquiry is conducted by an officer not below the rank of Inspector General of Police (IGP). The inquiry shall specifically examine allegations of illegal detention, custodial torture, threats and coercion and shall verify and preserve the CCTV footage of GRP police station at Ambala Cantonment for June 20.
The BriefWire