Annual Report 1999-2000
trying to run away from police custody. It also mentioned that Shri Rakesh Vij had a
criminal record. Tlie petitioner, when asked to respond, refuted the police version. The
Commission then directed its own investigation division to inquire into the incident. The
report of the investigation team affirmed illegal detention and severe torture of the
victim. The enquiry by the State Crime Branch Central InvestigaionDepartment (CBCID),
initiated by the UP Government, substantiated the investigation team's report.
The Commission also asked the UP Government to constitute a medical board to assess
the extent of physical disability suffered by the victim. The medical hoard gave a report
to the Commission, stating that the victim did not suffer fixjm any gross structural
damage, and that most of his complaints were subjective. The report also stated that the
patient had made a good recovery and that all his medical test results were within normal
limits. HowWef, in a communication to the Commission, the complainant, expressed his
doubts about the impartiality and trustworthiness of the medical report, and requested
the Commission to assess its authenticity.
In view of grave apprehensions of miscarriage ofjustice, the Commission got the victim
examined by the Delhi Trauma and Rehabilitation Centre, which gave an entirely
different assessment. Due to the discrepancies between the two medical reports, the
Commission then directed that Shri Rakesh Vij be referred to the All India Institute of
Medical Sciences (AIIMS) for reassessment of his health status. The Commission also
directed the State Government to hear all the medical and travelling expenses of the
victim.
According to the report from AIIMS, the victim's spinal cord was compressed, leading
to deterioration of potver and neurological functioning in his lov/er limbs, and sensory
loss of bladder and bowel movement.
There were 60-80% chances for improvement, but only if the victim undertook highrisk surgery. He was suffering from hearing loss and some of his teeth were missing; he
was suffering from severe post-traumatic stress disorder with no proven treatment.
The Commission was thus convinced that police officials had perpetrated custodial
violence, brutal or savage in nature, on Shri Rakesh Vij. The Commission was also of the
opinion that because of this torture, the victim had suffered trauma and stress and had
been rendered incapable of living normally for the rest of his life. This was a case of a
gross violation of human rights of a citizen, resulting from barbaric acts of torture
perpetrated on him. The State was, therefore, liable to compensate Shri Rakesh Vij for
the damages suffered by him.
The Commission thus directed the UP Government to pay Shri Rakesh Vij Rs. 10 lakhs
by way of immediate interim relief. The Government was also directed to arrange for
the complete medical treatment of Shri Vij at AIIMS, Netv Delhi, or PGI, Lucknow, as
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