NATIONAL HUMAN RIGHTS COMMISSION, INDIA
application for obtaining Non Bailable Warrants (NBWs) of Ms. Deepa Arya in case FIR No.
400/2016 without any forwarding remarks in the application by SHO or any other Inspector
of the Police Station. On that day a petition was filed on behalf of the complainant against
the orders of Learned Trial Court cancelling her bail. After hearing the matter, the Hon’ble
Court ordered not to take coercive action against the complainant (Ms. Deepa Arya). SI
Ajay, Inspector Sanjay Rawat and Ld. Assistant Prosecution Officer (APO.) Shri Mukesh
communicated telephonically to SI Naresh about the court orders between 03:53 P.M. to
4.03 P.M. At 03:48 p.m. Advocate Shri Avadh Kaushik had also communicated through
SMS to SI Naresh Kumar about the Court’s orders and requested him to call or speak to
Advocate Saini but the SI refused. The SI failed to obey the directions of ACP/Safdarjung
Enclave and SHO/Safdarjung Enclave and acted at his own will.
v.
It was also mentioned in the report that SI Naresh Kumar broke open the doors and
apprehended Ms. Deepa Arya between 4:30 P.M. to 4:45 P.M. with the help of woman
constable Sanju of Police Station S.J. Enclave despite the knowledge of court’s order of
not to take any coercive action against Ms. Deepa Arya. The SI also did not prepare any
documents pertaining to her arrest/apprehension. For the above lapses of SI Naresh
Kumar has been transferred to District Lines/South District and a regular departmental
enquiry for imposing major penalty has been initiated against him. Show Cause Notice
for Censure to ASI Mahender, No. 840/SD and Woman Constable (W/Ct.) Sanju No. 3086/
SD have been issued for gross negligence in duty. Explanation of SHO Inspector Sanjay
Rawat has been called for lack of supervision on his part.
vi.
The Commission perused and considered the report and other papers placed on record
and vide its proceedings dated 03.05.2019 and opined that the allegations levelled by the
complainant stand substantiated. The Commission found that, prima-facie, it was a case
of violation of human rights of the victim and the public authority is vicariously liable to
pay monetary compensation to the complainant for her illegal arrest, humiliation, mental
and emotional trauma and also the injuries sustained by her.
vii.
The Commission directed to issue notice under Section 18 (a)(i) of the Protection of
Human Rights Act, 1993, to the Government of India through Secretary, Ministry of Home
Affairs to show cause as to why the Commission should not recommend monetary relief
to the victim/complainant. The Commissioner of Police, Delhi was also directed to submit
his report regarding current status/outcome of departmental enquiry being conducted
against the concerned police officers.
viii. No reply to the Show Cause Notice and Report regarding action taken was submitted by
the concerned authorities.
ix.
In the above circumstances, the Commission is of the opinion that, prima-facie, it is a case
of violation of human rights of the victim, and the Government of India is vicariously liable
to pay monetary compensation to her.
ANNUAL REPORT 2019-20
65