6.69 Upon perusal of reports from the State Government, the Commission observed "that the
fact of torturing the complainant in police custody has been admitted........ . Therefore, it is a gross
violation of human rights. Merely because the concerned police officials were exonerated in the
departmental inquiry, it cannot be said that human rights of the complainant are not violated,
especially in the face of the earlier admission of Police, after inquiry. Therefore, this appears to be a
fit case for recommending grant of immediate monetary relief.”
6.70 Thus, the Commission recommended that the State of Uttar Pradesh pay Rs.50,000 as
monetary relief to the complainant Azad Hussain and to submit the compliance report along with
proof of payment. The State Government was also asked to submit an explanation for not taking
disciplinary action against the Station House Officer O.P. Singh despite the recommendation of
Inspector General of Police (Human Rights), Uttar Pradesh.
6.71 In response, the Secretary to the Government of Uttar Pradesh, vide letter dated 14
December 2007, informed the Commission that the amount of monetary relief of Rs. 50,000 had
been paid to the complainant. The proof of payment was also sent to the Commission. The
Commission finally considered the matter on 4 February 2008, and in view of the compliance of the
Commission's directions, closed the case.
18.
Beating up of Susheel Kumar and his Wife by the Police of Gautam Budh Nagar, Uttar Pradesh
(Case No. 28117/24/2006-2007)
6.72 The Commission took suo motu cognizance of a news report published in the 'Times of
India' on 16 September 2006 under the headline: “Brutal cops batter Noida couple”. According to
the report, Sushil Kumar and his wife were going to hospital in the early hours of the morning.
They were approached by a police party. The husband was beaten and an attempt was made to
outrage the modesty of the wife.
6.73 Pursuant to the directions of the Commission, an inquiry was conducted by the Additional
Superintendent of Police (Rural), Gautam Budh Nagar. The inquiry report revealed that the
allegations made in the press report were true. FIR No. 309/2006 u/s 354/323/504 IPC was
registered at Police Station Kasna against the police party. After investigation, the concerned
police officials were arrested and sent for trial.
6.74 The Commission recommended to the State of Uttar Pradesh to pay Rs.25,000 as
compensation to victim Sushil and Rs.50,000 to his wife within eight weeks. The compliance
report, along with proof of payment, is awaited.
19.
Illegal Detention and Physical Torture of Jaswant Singh Patel by the Police of Jahanabad, Uttar
Pradesh (Case No. 5782/24/2003-2004)
6.75 In a complaint dated 8 May 2003, the complainant alleged that his brother Jaswant Singh
Patel was picked up on 20 April 2003 by the police personnel of Jahanabad Police Station and
44 National Human Rights Commission