Annual Report 1999-2000
truth of Ms. Kamini Sharma's complaint. It was prima fade established that the arrests
and detentions had been illegal and the conclusion was inescapable that they had been
detained to put pressure on Kapil Sharma to surrender. The course of action adopted
by the police was found to be wholly unjustifiable by the Commission. It could not be
backed by any authority of law.
The Commission thus directed the UP Government to get a case of illegal arrest/
detention registered against the delinquent police offidals, and initiate appropriate
disdplinary proceedings against the SSP, Mathura, for his incorrect report and lack of
concern for the human rights of the citizenry of the country. The Commission also directed
the payment of Rs. 10,000/- to each of the victims by way of immediate interim relief.
High-handed acts of the police: Uttar Pradesh
(Case No. 1970/94-95/NHRC)
In a complaint to the Commission, Shri Brijendra Singh alleged that on 9 April 1994,
certain police officials, under the directions of the SHO, came to his house, destroyed
his household articles as well as those of his family members and caused a loss of Rs. 2
lakhs. Despite protest by the local population, the doors and windows of his house were
extensively damaged. The police allegedly also took away Rs; 18,400/- in cash and 500
grams of gold. The complainant supported his allegations by photographs showing the
extent of damage done to his properties.
In response to the notice issued by the Commission, the Government of Uttar Pradesh
submitted a report stating that in a case pending against the complainant, the police
had gone to his home on a number of occasions to apprehend him. Unable to succeed
in their efforts, a coercive process in the form of an attachment proceeding was obtained
fi-om the court. During the course of attachment, the State Government admitted that
some police officials had committed irregularities for which censure had been recorded
in their personal files, and disciplinary action had also been taken against the Inspectors
and subordinate police officers.
On consideration of the report, the Commission noted that though irregularities were
admitted in the report, the State Government did not mention clearly, whether the guilty
police offidals were being prosecuted. The report was also silent regarding the allegation
of destruction of property worth Rs. 2 lakhs by the police and the taking away of
Rs. 18,400 in cash and 500 grams of gold. The Commission found the report very sketchy
as it did not respond to all the allegations. TTie Commission, therefore, rejected the
report ^nd called for a fresh report from the Chief Secretary, Government of UR
requesting him to respond to all the allegations in the complaint and the observations
made by it.
In a subsequent report, the State Government of UP stated that a Circle Officer and
three Sub-Inspectors had been found guilty of committing irregularities during the
112