Annual Report 2012-2013
4.122 The Under Secretary to the Government of Uttar Pradesh, Home (Human Rights),
forwarded a copy of the CB-CID report. As per the report, it was established that Soni was
illegally detained at the Mahila Police Station from 23 July 2010 to 26 July 2010 and was
tortured to elicit information regarding the missing children. A chargesheet u/s 323/343/
504 IPC was filed in the Court against the Station House Officer Anju Bhaduria, SubInspector Krishan Kumar Singh and Constables Neetu Johri and Shimla Chaudhary.
4.123 Upon examination of the report, the Commission observed that the accused Anju
Bhaduria was the same officer to whom the investigation of the case was initially entrusted
and if she continued as the Investigating Officer of the case, the plight of Soni could be
conjectured as deplorable. The Commission held that illegal detention and torture of Soni
having been established by the CB-CID inquiry, it is the obligation of the State to compensate
her. The Commission issued a notice u/s 18 (a) (i) of the Protection of Human Rights Act,
1993 to the Government of Uttar Pradesh, through its Chief Secretary, to show cause as to
why the Commission should not recommend monetary relief for the victim who was illegally
detained and tortured .
4.124
Responding to the show cause notice, Shri Kamal Saxena, Secretary to the
Government of Uttar Pradesh, Department of Home (Human Rights) informed that
departmental action had been initiated against the delinquent Police officials. The State
Government was ready to concede grant of compensation to the victim as well.
4.125 Keeping in view the facts and circumstances of the case, the Commission in its
proceedings dated 22 May 2012 recommended to the Government of Uttar Pradesh to pay
a compensation of `50,000 to the victim Soni. The Commission directed the Chief Secretary
to submit a compliance report along with proof of payment and expressed hope that the
departmental inquiry against the delinquent Police officials shall be taken to its logical
conclusion. The matter is under consideration of the Commission.
16.
Torture and Inhuman Treatment of Vinu at Viyyur Central Jail, Thrissur, Kerala
(Case No. 191/11/13/2012)
4.126 The Commission received a complaint from Tejang Chakma, a human rights activist
alleging that torture and inhuman treatment was meted out to a prisoner named Vinu at
Viyyur Central Jail, Thrissur, Kerala by the Jail Head Warder named Vincent on 19 May
2012. It was stated that the Head Warder was in an inebriated state and forcibly compelled
Vinu to consume his vomit and then spew out.
4.127 In response to the directions given by the Commission, the Additional Director
General of Police (Prisons) reported that on enquiry the allegation of compelling the prisoner
to consume vomit and spew out could not be substantiated. However, the allegation of
beating by the Jail Warder was true. The Jail Warder, however, was transferred from the
Central Jail, Viyyur to an Open Prison in Cheemeni on disciplinary grounds.
NHRC
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