Annual Report
2013-14
4.135 In view of the report from the Senior Superintendent of Police, Meerut, in which
he admitted the illegal detention of the complainant’s son for two days, the Commission
observed that the State was liable for violation of human rights of Asif and, therefore,
issued a notice to the Government of Uttar Pradesh through its Chief Secretary to show
cause as to why monetary relief u/s 18 of the Protection of Human Rights Act, 1993, be not
recommended to be paid to the complainant’s son Asif. The Senior Superintendent of Police,
Meerut, was also directed to submit a further report as to the outcome of the departmental
action taken against the erring public servant.
4.136 In response, the Commission received a report from Senior Superintendent of Police,
Meerut that a strict warning had been issued to Sub Inspector, Shri Subhash Chand Gautam
who was found guilty of illegally detaining the complainant’s son Asif for two days and there
should be no objection in case any interim relief was given to him. However, no response
was received from the Chief Secretary, Government of Uttar Pradesh.
4.137 In view of the above reports, the Commission held that the complainant’s human
rights were violated for which the State must bear the liability. The Commission therefore
recommended to the Chief Secretary, Government of Uttar Pradesh to make payment of
Rupees Ten thousand as monetary compensation to the victim Asif.
4.138 Despite reminders, compliance report alongwith proof of payment is awaited.
16.
Illegal Detention and Torture of Four Minor Boys by Policemen of Police Station
Dasada District Surendra Nagar, Gujarat
(Case No.1052/6/24/2012)
4.139 The Commission received a complaint alleging that four minor boys Nizamudin
Yusufbhai Laheriya, Nareshbhai Nanjibhai Chauhan, Ishamudin Yusufbhai Laheria and
Aslambhai Hajibhai Divan aged between 8 and 10 years were picked up from a Government
Primary School in a theft case by the police of Police Station Dasada in District Surendra
Nagar, Gujarat. They were detained and tortured for three days without registration of any
FIR against them. On 24 June 2012 a day after their release, a case of stealing covers of
water tanks from the school premises was registered against them. A prayer was made for
enquiry in the matter and action against the erring police officials.
4.140 In response to the Commission’s notice, Superintendent of Police, Surender Nagar
sent a report which revealed that four boys named in the complaint were residents of Dasada.
Nizamuddin Yusufbhai Laheriya was caught red handed while stealing a memory card from
a car by one Kalubhai and handed over to Dasada police. During interrogation he confessed
stealing of 10 covers of water tank, electric water pumping motor and two cameras of dish
antenna along with his three friends. Two crime case Nos. 26/12 u/s 379/114 IPC and
27/12 u/s 379/114 IPC were registered on 24 June 2012. All the accused were arrested
and produced before Juvenile Court. The report further revealed that all the minor accused
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