सव
भव तु सिखनः
ु
Annual Report 2022-23
the case as there was no jus fica on or basis to award any
type of compensa on to the complainant.
Upon careful examina on of the en re material on
record, the Commission observed that while the police
have every right, as a part of their duty to inves gate
crimes, to detain a person suspected of a crime and
ques on them, this has to be done in accordance with the
law and a er following the laid-down procedure.
Freedom and liberty of ci zens cannot be curtailed by the
police at their discre on without following due procedure. In this case, it was admi ed that the police had
taken departmental ac on, and one Inspector had
already been awarded the punishment of censure. The
Commission, therefore, was constrained to reject the
submissions made by the Chief Secretary in response to
the show cause no ce, as they were devoid of merit. The
human rights of the complainant/ vic m were clearly
violated, for which the State was vicariously liable to
compen- sate him. The show cause no ce was, therefore,
confirmed, and the State of Andhra Pradesh through its
Chief Secretary was recommended to pay a sum of Rs.1,
00, 000/- (Rupees One Lakh only) as compensa on to the
complainant/vic m Stalin within a period of six weeks.
Pursuant to the direc on of the Commission, the Director
General of Police, Andhra Pradesh submi ed that the
compensa on of Rupees One Lakh had been paid to the
complainant. Details of payment and proof of payment
were enclosed with the report. In view of these facts, no
further interven on of the Commission was required.
Hence, the case was closed on 02 August 2022.
11.) Two Youths Thrashed by Police Officer in Southwest
Delhi, Delhi, Over Injured Pig Incident
(Case No: 4831/30/7/2019)
The Commission took suo motu cognizance of a news
report published in The Times of India dated 23 October
2019, under the cap on “Youths thrashed by a cop for
dialing hundred to rescue a pig.” According to the news
report, two Tibetan youths were allegedly thrashed by a
cop of Mahipalpur Police Sta on a er they called up the
police control room about a pig lying injured on the road
near Labour Chowk, Southwest Delhi, Delhi.
In response to the Commission's direc- ons, ACP
(Complaint), Vigilance, Delhi, through a le er dated 18
May 2020, forwarded a copy of the report from the
30
Addi onal Deputy Commissioner of Police, Southwest
District, Delhi. The report revealed that on 21 December
2019 informa on was received at P.S. Vasant Kunj South
about the hospitalisa on of two injured persons, at
Safdarjung Hospital, New Delhi. The police visited the
hospital, collected the Medico-Legal Case (MLC) reports
of both injured individuals, and interviewed them.
According to their statements, on the relevant day at
02:00 a.m., while going for dinner, they spo ed an injured
pig on the road. They called the Animal Care Centre for
assistance, which instructed them to file a complaint with
the police through the emergency number 100. Delhi
Police Constable arrived at the scene. The representa ve
of the Animal Care Centre was also present, and a video
recording showed the Constable harassing the vic ms.
The Constable got angry and demanded the vic m to
delete the video he had recorded, and proceeded to
physically assault both vic ms with a s ck, causing
injuries. An enquiry led by the ACP, Vasant Kunj substan ated the statements. Consequently, a departmental
enquiry was ini ated against the Constable. The vic ms'
MLC reports indicated simple blunt injuries, leading to the
registra on of an offense under Sec on 323 IPC dated 03
December 2019. The Commission reviewed the facts,
circumstances, and the available material. It was
observed that the erring Delhi Police Constable was guilty
of causing voluntary hurt to the two vic ms. It was also
observed by the Commission that the police is expected
to uphold law and order, and when an officer resorts to
brutality, it creates fear in society and is unacceptable.
The State was held to be vicariously liable for such ac ons,
and in the Commission's opinion, the vic ms deserved
monetary compensa on for the viola on of their human
rights. Consequently, the Commission issued a no ce
under Sec on 18 of the PHRA to the Secre- tary, Ministry
of Home Affairs, Government of India, asking them to
explain within four weeks why a sum of Rs. 50,000/(Rupees Fi y Thousand only) should not be recommended to be paid to each of the two vic ms. Following
the issuance of the show cause no ce, Deputy Commissioner of Police, Vigilance, Delhi, through a le er dated 28
September 2021, forwarded a copy of the report from
Addl. DCP, Southwest District, New Delhi, dated 15
September 2021. The report corroborated the contents of
the news report published in The Times of India on 23
October 2019. The report also confirmed that an offense
under Sec on 323 IPC was made out based on the MLCs of
the vic ms. The Constable responsible for the incident,
Chapter 7 - Thematic Areas