NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
Amir and he was taken to the Chankya Puri, Police Station where he was made to sign
on blank papers. The trial court acquitted him in 17 cases with an observation in each
judgment there is absolutely no incriminating evidence against the accused’. The Delhi
High Court also acquitted him in one case as prosecution has miserably failed to adduce
any evidence to connect the accused with the charges framed. As such the victim Amir
lost 14 years of his prime youth in solitary confinement in Tihar Jail without committing
any crime.
iii.
Pursuant to the directions of the Commission, Ministry of Home Affairs, Government of
India forwarded an enquiry report submitted by Deputy Commissioner of Police, Special
Cell, Delhi, which revealed that Mohd. Amir Khan was arrested in fifteen cases in a series
of bomb blasts which took place in Delhi and adjoining states, between December, 1996
and December, 1997. It was stated that, with the arrest of Mohd. Amir Khan and six other
accused persons, the series of bomb blasts that were taking place during 1996-1997,
were stopped. It was also stated that, Amir had attended all the training camp being run
by LeT in Pakistan, in preparation of different types of bombs and coded language for
communication. After completion of training, Amir was sent to India to select places for
executing terrorist strikes. He was convicted in three cases by the Trial Court and appeals
filed by him against his conviction in two cases are pending in the High Court of Delhi.
iv.
The Commission observed that police play significant role in maintaining the order and
enforce laws fairly and not unjustly. Police, as protector of law have both legal and moral
obligations to uphold Human Rights and act strictly in accordance with law. Implicating
innocent persons would not go only against all cannons of justice and rule of law but it
would also amount to escape of real accused from the clutches of law. The Commission
noted that he has been acquitted in 17 cases and one by the High Court of Delhi. He
has suffered a lot. He has been issued a conduct certificate by the Jailor of the District
Jail, Ghaziabad to the effect that during the stay in jail, the victim complied with the
rules of the Prison and his conduct as a prisoner had been very satisfactory and praise
worthy. According to the State Authorities, the entire episode of his traumatic experience
revolves around the primacy of national security. It cannot be disputed that the security
of the nation stands atop all other consideration and security of the nation is primary and
sacred duty of every organ of the State. But the execution of such duty is strictly subject
to the mandate of relevant statutes and procedures established by the Apex Court.
Under the given circumstances, the law enforcement authorities has a legitimate right to
suspect somebody’s involvement in any crime but a suspicion to be legitimate must not
be imaginary or trivial, but it must be a reasonable, justified and should be supported by
some materials/facts. The conduct of police authorities which grossly violate the distinct
human rights of its citizens cannot be justified in the name of security of the nation.
ANNUAL REPORT 2018-19
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