Annual Report 2012-2013
of Army officials. The human rights of the victim had definitely been violated. Let a notice
u/s 18 of the Protection of Human Rights Act, 1993 be sent to the Secretary, Ministry of
Defence, Government of India calling upon to reply to the Commission within four weeks.
4.105 The Commission next considered the matter on 27 August 2012 and observed that
no reply had been received from the Ministry of Defence. It appeared to the Commission
that the Government of India had nothing to say in the matter. Deceased Thangben Kemprai
died in the custody of the Army on way to the Primary Health Centre, Diyungmukh, as per
the magisterial inquiry conducted by the Additional Deputy Commissioner, Dima Hasao,
Haflong. The file was also sent to the expert on the panel of NHRC who concluded on review
of the postmortem report that there was bilateral periorbital contusion and blood clots were
found on peritoneal cavity. These findings did not co-relate with the cause of death and
could be due to any blunt trauma. As per the postmortem report, the deceased not only had
simple injuries, but fracture of left maxillary bone. The human rights of the victim
undoubtedly had been violated. In these circumstances, the Commission recommended an
amount of ` 5,00,000 to be paid as interim relief to the next of kin of the deceased. The
Secretary, Government of India, Ministry of Defence, New Delhi was directed to forward
the proof of payment to the Commission within four weeks as well.
4.106 In response, the Ministry of Defence vide their letter dated 22 January 2013 sought
an extension of three months which was granted by the Commission. Further response in
the matter is awaited.
b)
Illegal Detention and Torture
14.
Suo Motu Cognizance of Brutal Torture Meted Out to a Woman by Police in Central Jail,
Raipur, Chhattisgarh
(Case No. 517/33/3/2011)
4.107
The Commission took suo motu cognizance of a media report dated 11 October
2011 of Newsfirst correspondent in which it was stated that a woman from Chhattisgarh
namely Soni Sori was arrested by Chhattisgarh and Delhi Police on 4 October 2011 from
Delhi. She was shifted to Chhattisgarh and subjected to brutal torture in the custody which
resulted in several severe head injuries.
4.108 The Commission received 37 other complaints regarding the alleged torture of Soni
Sori in police custody. All the cases were linked together. The Commission also received a
letter dated 10 May 2012 from Shri V. Kishore Chandra Dev, Minister of Tribal Affairs and
Panchayati Raj, Government of India and forwarded therewith another letter addressed by
Dr. T. N. Seema, Member of Parliament about the custodial torture of Soni Sori. A copy of
the Supreme Court of India order dated 2 May 2011 in Criminal Miscellaneous Petition No.
1104, 4981 and 8976 of year 2012 in Writ Petition (Criminal) No. 206 of year 2011 filed by
the victim was annexed with the enclosed letter.
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NHRC