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Annual Report 2022-23
of suppor ng evidence. Upon thorough review of the
enquiry report, the Commission concluded that the police
in U ar Pradesh had violated human rights. This viola on
stemmed from his unlawful deten on, which was a direct
contraven on of the rule of law.
In response to this finding, the Commission directed the
issuance of a no ce under Sec on 18 of the PHRA, to the
Government of U ar Pradesh through its Chief Secretary.
This no ce sought an explana on as to why a sum of Rs.
50,000/- (Rupees Fi y Thousand only) should not be
recommended for payment to the vic m as compensaon for the viola on of his human rights. Addi onally, the
Director General of Police, U ar Pradesh, was instructed
to ini ate appropriate departmental ac on against the
police officials responsible for the illegal deten on.
Despite the issuance of the Show Cause No ce, the
Commission had not received a reply at the me. Given
the absence of a response to the Show Cause No ce, the
Commission confirmed i ts recommenda on of monetary
compensa on. In response to this recommenda on, the
Superintendent of Police (Human Rights), U.P., conveyed
through a le er dated 06 June 2022, that a sum of Rs.
50,000/- had been sanc oned for payment to the vic m
as compensa on, in compliance with the Commission's
direc ve. Consequently, the case was closed on 07
September 2023.
8.) Illegal Arrest and Assault on Four Individuals by an
Inspector in Anjaw, Arunachal Pradesh.
(Case No: 35/2/15/2019)
The Commission received a complaint from the complainant on 02 August 2019, alleging the arrest of her husband
and three others by the police, following an assault and in
jury in custody on 15 July 2019, in Anjaw, Arunachal
Pradesh.
In response to the Commission's direc ves, the DIG
Eastern Range Namsai, AP, submi ed that the person,
along with his three accomplices, was caught red-handed
by Sushee Infra & Mining Pvt. Ltd. while stealing the
generator of the aforemen oned company. All of them
were taken to PS on 15 July 2019 at 23:30 hrs. On 17 July
2019, a complaint was received from the wife of the
accused against an Inspector of PS Hayuliang for assault. It
was revealed that the case was under inves ga on and a
disciplinary ac on had also been ini ated against the
delinquent official/ Inspector. However, the allega on
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leveled in the complaint could not be substan ated, due to
a lack of evidence. The departmental enquiry ini ated
against the Inspector was s ll pending and could not be
completed because of COVID-19. The D. I. G. Eastern
Range, via a report dated 24 November 2020, informed
tha he Departmental Enquiry against the Inspector had
been completed. Inspector had two charges leveled
against him: 1. Bea ng of the accused along with his three
accomplices while in police custody, and 2. Not following
the proper procedure of ge ng a medical check-up done
of the vic ms before taking them into custody. The first
charge could not be proved due to a lack of evidence.
However, the second charge was proved against the
Inspector. The Disciplinary Authority, hence, awarded a
punishment of stoppage of one increment to the Inspector.
Vide proceedings dated 28 January 2021, the Commission
observed that the conduct of police officials had violated
human rights of the vic ms, for which the State Government was vicariously liable. Under these circumstances, a
Show Cause No ce u/s 18 of the PHRA was issued to the
Government of Arunachal Pradesh, through its Chief
Secretary, requiring it to show cause why an amount of Rs.
1,00,000/- (Rupees One Lakh Only) each, as suitable
compensa on, not be recommended, to be paid to the
vic ms. However, the Commission did not receive any
response to its show cause no ce. The Commission
inferred that the concerned authority had nothing to urge
in the ma er. Therefore, the Commission confirmed its
recommenda on. In response, the Commission received
a copy of communica on from the Joint Secretary
(Home), Govt. of Arunachal Pradesh, Itanagar, informing
therein that Rs. 1, 00, 000/- has been disbursed to all four
vic ms. In view of the above, the case was closed on 03
June 2022.
9.) Custodial Torture Case of six Tribal Women by the
Police in Palghar, Maharashtra
(Case No: 2849/13/37/2021)
The complainant, the Indigenous Lawyers Associa on of
India (ILAI), sought the interven on of the Commission on
24 November 2021, asser ng that there was custodial
torture of six (6) tribal women at Vasai Police Sta on in
Palghar district, Maharashtra. According to the vic ms,
they were working as labourers in Vasai to earn their
livelihood. The Commission took cognizance of the ma er
and called upon the authori es concerned to submit the
requisite reports
Chapter 7 - Thematic Areas