(v)
Custodial death of Shti Atal Bihari Mishra, student of Banaras Hindu
University, U.P.
The Commission initially received a report from the Superintendent of Police,
Balia District, Uttar Pradesh, on the custodial death of Atal Bihari Mishra on the
basis of which it issued notice to the Chief Secretary, UP calling for a report. The
Commission also received a joint petition from Shri Shreesh Chander Dixit,
Member of Parliament and Dr Vina Pande, Member of UP Legislative Council on
this case. The matter was raised in Parliament by the former Prime Minister
Shri Chandrashekhar, who urged the Government to refer this case to the
Commission.
The Commission directed a team from its own investigating staff to conduct a
preliminary enquiry. Upon being informed by the State Government that the State CID
was entrusted with the enquiry into the case, the Commission asked it to expedite the
investigation.
On perusal of the CID report which was received by the Commission, it observed
that this was an instance of police high-handedness at its worst. A young boy, because
of political differences between his father and a local politician belonging to the ruling
party, was dragged to the police station on 'fictitious and frivolous" charges and was
mercilessly roughed up. The Commission felt that unless appropriate punishment was
meted out to officers responsible for this kind of dastardly crime, it would be difficult
to contain and control custodial torture. The Commission, therefore, took up this matter
with the then Governor of UP urging him to errsure that charge-sheets against the errant
personnel are filed expeditiously before the Court. Later, the Commission followed
this up with another letter expressing serious concern over the delay and urging
immediate submission of charge-sheets and departmental action against the delinquent
police officers.
As a result, nineteen police officerlofficials have been charge-sheeted under
various sections of law in the Court of the Chief Judicial Magistrate, Balia for the
th of Shri Atal Bihari Mishra, a student of the Banaras Hindu University.
Death in police custody of Shri Udayan in Kerala
Th~scase was brought to the notice of the Commission by Or Xavier Paul who
alleged that Udayan died In police custody in the lockup in Mannarghat Police Station