Annual Report
2013-14
4.71 The magisterial enquiry, therefore, established that extremely grave crimes were
committed by the policemen concerned, first in the illegal detention of a man for five
days, and thereafter the much more serious offence of torturing a man to death. For these
grievous violations of human rights, the Commission held that it was essential for the State
Government to make reparations to the next of kin, and to punish the guilty.
4.72 Accordingly, the Commission directed the Chief Secretary, Government of Madhya
Pradesh to i)show cause as to why it should not recommend relief for the next of kin of the
deceased Ajay Mishra; ii) report on the action taken, including departmental action, against
the policemen concerned, on the basis of the findings of the magisterial enquiry; and iii)
order an immediate enquiry by the CBCID into the circumstances of the arrest and death of
the late Ajay Mishra.
4.73 In response, the Additional Secretary to the Government of Madhya Pradesh, Home
Department intimated that a case crime No.93/13 u/s 304, 323, 34 IPC had been registered
against Sub-Inspector, Ramesh Chand Arya and Constables Ashok Kumar and Surender
Singh.
4.74 Since required reports were not received within the stipulated time, the Commission
vide its proceedings dated 10 January 2014 directed to issue a reminder to the Chief
Secretary, Government of Madhya Pradesh to send a reply to the show cause notice within
eight weeks failing which it would assume that the Government of Madhya Pradesh had
nothing to contend and would make appropriate recommendations on the basis of material
available on record. The Commission also directed the Chief Secretary to send the CBCID
enquiry report and a report on departmental proceedings initiated against the erring
officials in the light of the findings of the magisterial enquiry. Reports are awaited.
Para-Military/Defence Forces Custody
8. Atrocities on a Young Man By BSF Jawans Near Bangladesh Border
(Case No. 134/25/13/2012-PF)
4.75 The Commission took suo motu cognizance of a news report captioned “Video
shows BSF jawans thrashing a young man near Bangladesh border” carried by English daily
“The Hindu” of 19 January 2012. As per the news report, a video telecast showing graphic
visuals of a youth – stripped of all clothing and his arms wrapped and bound to a bamboo –
writhing in pain on the ground as four personnel of BSF assaulted him, was made by a local
channel in Kolkata. The Commission also received complaints on the same subject from
other persons and they were registered and tagged along with this case.
4.76 The Deputy Inspector General (Operations) C, BSF, New Delhi responded to the
Commission’s notice and sent a report stating that a preliminary inquiry was conducted
which revealed that Head Constable Sanjeev K.R. and party manhandled one unidentified
40 | NHRC