Annual Report
2013-14
up with the Director General Railway Police, West Bengal, as the matter related to the
Government Railway Police, West Bengal.
4.161 The Commission in its proceedings dated 24 June 2013 observed that Shri Dilip
Ghosh (50 years) admittedly died due to physically assault by Constable Paritosh Viswas
of Government Railway Police. The Commission further observed that the said Constable
was posted at the Railway Station to ensure safety and security of the passengers, but on
the contrary, he assaulted an innocent person while on duty. The Commission held that the
human rights of Shri Dilip Ghosh had been violated and the State was vicariously liable for
the criminal act of GRP constable resulting into the death of Shri Dilip Ghosh.
4.162 Therefore, the Commission issued a Notice u/s 18 of the Protection of Human Rights
Act to the Chief Secretary, Government of West Bengal to show cause as to why interim relief
should not be recommended to be paid to the next kin of the deceased. The Commission also
issued a notice to the Superintendent of Police, Government of Railway Police GRP Sealdah,
West Bengal, calling upon him to submit status of the aforesaid criminal case No. 04/13
together details of departmental action taken against the delinquent police official.
4.163 Responding to the Show Cause Notice, the Special Secretary, Home Department
(HR), Government of West Bengal, Kolkata intimated that the State Government would agree
to pay the monetary relief to the next of kin of the deceased Dilip Ghosh as recommended by
the Commission on the facts and circumstances of the case.
4.164 The Deputy Superintendent of Police (RHA), GRP, Sealdah also reported that after
investigation of the crime No. 4/13 of PS GRP Berhampur, a charge sheet was submitted
against the accused constable Paritosh Biswas on 6 June 2013. It was further informed that
the said constable had been placed under suspension since 12 March 2013 and departmental
disciplinary proceedings initiated against him.
4.165 The Commission after considering the facts and circumstances of the case, vide its
proceedings dated 23 January 2014 recommended to the State Government of West Bengal
through its Chief Secretary u/s 18 (a) (i) of the PHR Act, 1993 to pay a sum of Rupees
Five Lakhs only as monetary relief/interim compensation to the next of kin/dependents
of the deceased Shri Dilip Ghosh and submit a report along with proof of payment to the
Commission within six weeks.
4.166 Compliance report alongwith proof of payment is awaited.
19.
Torture of a Gang Rape Victim by a Woman Constable at Behest of Sub Inspector of
Police Station Afzalgarh, Bijnour, Uttar Pradesh
(Case No. 14412/24/17/2013-WC)
4.167 The Commission took suo motu cognizance of a news item entitled “Another Uttar
Pradesh Rape Victim Faces Police Ire” appeared in the Delhi Edition of English daily ‘The
56 | NHRC