NATIONAL HUMAN RIGHTS COMMISSION, INDIA ii. Pursuant to the directions of the Commission, a report was received from the Deputy Commissioner of Police, Vigilance, Delhi stating that during investigation, the video CD provided by the complainant revealed that the alleged police officer of PS Hari Das Nagar were trying to get the complainant and Harsh Sharma into police Gypsy but they were resisting to sit inside the police vehicle and consequently scuffle took place among them. No beating by Lathies or Danda etc. is seen in the video CD at the spot, however, one police official was seen slapping one of the complainants. The SHO as well as I.O. /ASI Ram Kishan could not give any satisfactory response/reply as to why they were trying to detain and take the persons to the police station. When the father of the complainant went to police station, he was also beaten up by the police and arrested. Since, there was no call or complaint against Mohit Kumar and Harsh Sharma, hence it appears that case FIR No. 130/16 u/s 186/353/332/34 IPC, P.S. Baba Hari Das Nagar was registered by these police officials against the complainant party just to cover up their misdeeds of unauthorized detention and physical torture to the complainant and his relatives. On the basis of enquiry report, the Commissioner of Police, Delhi has approved for a regular Departmental Enquiry against the ASI Ram Kishan No. 3016/SW and Inspector Raj Kumar, No. D-I/984(SHO/BHD Nagar) for their above mentioned lapses and gross misconduct and also the case FIR 130/16 of Baba Hari Das Nagar to be transferred to the DIU/Outer for fair and impartial investigation by an I.O. of Inspector Rank who will carry out investigation by taking into consideration the shortcomings pointed out. The case FIR No. 130/16, P.S. Baba Hari Das Nagar has been transferred to DIU/Outer District. The matter regarding a regular D.E. against Inspector Raj Kumar and ASI Ram Kishan is under process. iii. The Commission further observed that prima-facie; the allegations of the complainant had been substantiated. The police officers had violated the human rights of the complainant, his brother, his brother-in-law and his father. Departmental action against Inspector Raj Kumar and ASI Ram Kishan further makes an established case of violation of human rights. The State is liable to compensate the victims. iv. The Commission issued notice u/s 18 (a) (i) of the PHR Act, 1993 to the Home Secretary, Government of India directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs. 50,000/- to each of the victims Mohit Kumar, Harsh Kumar, Vishal and Rohit Kumar as their human rights have been violated by the police. v. In response, the Under Secretary, Ministry of Home Affairs, Govt. of India informed that the financial powers have been delegated to the Commissioner of Police, Delhi in respect of NHRC compensation cases relating Delhi Police. Hence, notice should be issued to the Commissioner of Police, Delhi. vi. Accordingly, a Show Cause Notice has been sent to the Commissioner of Police, Delhi. vii. The reply is awaited. ANNUAL REPORT 2018-19 41