Annual Report 2009-2010
12. Illegal Detention of Three Children by U�ar Pradesh Police
(Case No.23018/24/25/08-09)
4.69 The case relates to a complaint made by Jagdish Sonkar, National President, Shambuk
Sena, Unnao, U�ar Pradesh wherein it was reported to the Commission about the illegal
detention of three children in Farukhabad on account of false implication by U�ar Pradesh
Police. The complaint was supported with a newspaper clipping of “Rashtriya Sahara” dated
18 July 2008.
4.70 The Commission took cognizance of the ma�er on 16 September 2008 and called for
a report from the Superintendent of Police, Farrukhabad, Government of U�ar Pradesh. On
examination of the report, it was found that the three minor children, namely, Aijaz, Ramu and
Subhash Chandra had been falsely implicated under the Goonda Act of U�ar Pradesh and
hence illegally detained. The concerned Sub-Divisional Magistrate, quashed the proceedings
against the minor children under the Goonda Act. Departmental action was also taken against
the Station House Officer, Brijesh Kumar Tripathi, and a�er conclusion of the enquiry he was
‘censured’. Apart from the Station House Officer, one Head Constable Ashok Kumar too was
found responsible in the departmental enquiry, and he was departmentally punished.
4.71 The Commission on finding that the case was clearly of illegal detention and gross
violation of human rights of the minor children issued a notice to the Chief Secretary, Government
of U�ar Pradesh u/s 18(c) of PHRA. As no reply was received from the Chief Secretary of U�ar
Pradesh, the Commission on 14 May 2009 recommended payment of Rs.10,000/- each to the
victims, Aijaz, Ramu and Subhash Chandra.
4.72 The compliance report along with proof of payment has been received from the
Government of U�ar Pradesh and the case closed.
13. Rape and Murder of Shanno alias Aarti Gopal Kale by Maharashtra Police
(Case No.187/13/2005-2006-CD)
4.73 The case was reported by the Superintendent of Police of Ahmednagar in Maharashtra.
One Shanno alias Aarti Gopal Kale, who as per complaint of her brother Gauri Gopal Kale, was
taken to Shirdi Police Station on the night of 2 March 2005. There she was raped and murdered
by the police and later her body was thrown in a dry well in Soygaon Shivar of Rahata Police
Station so as to destroy the evidence.
4.74 The Commission took cognizance of the ma�er on 26 May 2005 and pursuant to its
directions, the requisite reports were received from the Government of Maharashtra. In the
inquest report, it was opined by the Panchayat that the “woman was killed by pressing of
the neck and throat and disposed off with the intention of hiding the evidence and thrown
in the well of Kisan Damu Shendge in half-burnt position and also half-buried”. In the
postmortem report, the concerned doctors reserved their opinion and preserved the viscera.
The final cause of death was given “as a result of compression of neck violent asphyxial death
due to hanging”. Magisterial enquiry report conducted by the Sub-Divisional Magistrate of
Shrirampur concluded that the deceased Shanno Kale was brought to Shirdi Police Station
and died in police custody between 1.30 a.m. to 5.00 a.m. when, Mr. Kahar and Mr. Mali,
NHRC
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