Annual Report 1999-2000
against torture are fully included in the training of law enforcement personnei-^ivil or
military—medical personnel, public officials and other persons who may be involved in
the custody, interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment. Article 10(2) further requires each state party to include this
prohibiuon in the rules or instructions issued in regard to the duties and funcdons of
any such persons. In other words, medical personnel not only have a role in the
prevention of torture, but are duty bound to do so.
False implication and torture of Shri Rajiv Rattan by the police
(Case No. 9302/95-96)
Shri Rajiv Rattan, a clerk-cum-cashier at the Sahauran Branch of Shivalik Kshetriya
Gramin Bank, Hoshiarpur, Punjab, made a complaint to the Commission that he was
falsely implicated, illegally detained for 13 days and tortured by the police in a case of
theft that had taken place in the bank. The Commission, being unsatisfied with the
repon of the State Government that the police had neither illegally detained him for
13 days nor had tortured him, directed its Director General (Investigation) to take up
a field investigation and submit a report. The NHRC investigation team, after considering
the statements of independent witnesses, bank correspondence, medical papers and
opinion given by the doctors at PGI, Chandigarh, concluded that the police had tortured
the complainant on account of which he sustained a fracture of his neck and of the femur
bone of his leg.
The Commission expressed its distress at the brutality perpetrated at the police station
and the lawless behaviour of those who are duty-bound to maintain law and order and
uphold the rule of law, and also took a serious view of the attempt of the Punjab police
to cover up its wrongful actions. The Commission held that the police perpetrated
brutalities on the complainant, causing a fracture of his neck and of the femur bone, for
which he will have to undergo periodic operations after every eight to ten years. While
holding that the police of the Ropar Police Station had disabled Shri Rajiv Rattan
permanently by its brutal action, the Commission awarded him an immediate interim
compensation of Rs. 2.5 lakhs and also ordered an in-depth enquiry, and initiation of
criminal proceedings against the delinquent police officials for falsely implicating and
illegally detaining him for 13 days, causing him grave physical injuries. The Commission
has received a compliance report with regard to the payment of compensation.
Death of Dinesh Chandra Misra owing to torture and beating by the police
(Case No. 9071/96-97/NHRC)
The Commission was informed by the Superintendent of the District Jail, Faizabad, Uttar
Pradesh, that one Dinesh Chandra Misra, an undertrial prisoner aged 25 years, had died
in the jail hospital while under medical treatment. The Commission considered the
report of the IG (Prisons), denying allegations of illegal confinement and torture and
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