Annual Report 2008-2009 b) Illegal Detention & Torture 9. Illegal Detention and Torture by Police in Pratapgarh District, Uttar Pradesh (Case No. 5055/24/2004-2005) 4.36 The Commission received a complaint dated 6 May 2004 alleging that the police took two persons – Suresh and Satish to Patti Police Station where they were beaten up severely which caused grievous injuries to them. 4.37 An enquiry report of the Circle Officer, Patti Police Station in District Pratapgarh revealed that the accused police officials were guilty of detaining the victims, as they suspected that illicit liquor was being carried by them. After verifying the facts that the liquor was not illicit, the two victims were released and an entry in the General Diary of Police Station was also made to this effect. 4.38 The Commission obtained the comments of the two complainants on the basis of the police report. The complainants reiterated their allegations and also questioned the fairness of the inquiry report. The Commission then recommended to the Director General of Police, Uttar Pradesh to order an enquiry by CB-CID into the conduct of the then Station House Officer of Patti Police Station as well as other police officials who were present on the occasion. 4.39 The report received from the Superintendent of Police, CB-CID revealed that FIR Crime No.152/07 u/s 323/325 IPC was registered against the errant police officials. Further, prima facie charges u/s 323/325 IPC against the delinquent police officials were also established. In addition, the tainted police officials, being public servants, a charge sheet shall be submitted against them in the court, on completion of legal formalities. 4.40 Considering the details of the case, the Commission recommended to the Chief Secretary, Government of Uttar Pradesh to pay a monetary relief of Rs. 25,000 each to Suresh and Satish under the PHRA. The compliance report along with proof of payment has been received from the Government of Uttar Pradesh. The case has been closed by the Commission. 10. Illegal Detention of Complainant’s Father in Daurala Police Station in District Bulandshehar, Uttar Pradesh (Case No. 42104/24/2006-2007) 4.41 The case relates to a complaint received from one Barjesh Kumar alleging illegal detention of his father by police for nine days in Daurala Police Station, District Bulandshehar, Uttar Pradesh. 4.42 The inquiry report of the Circle Officer, Daurala revealed that the complainant’s brother was a wanted person in crime No.27/07 u/s 363/366 IPC with regard to kidnapping of a girl. He surrendered in the court on 7 February 2007. The report however indicated that the concerned person was yet to be arrested. The allegations with regard to the arrest of the complainant’s father were nonetheless denied in the report. 33

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