(v) Custodial death of Shti Atal Bihari Mishra, student of Banaras Hindu University, U.P. The Commission initially received a report from the Superintendent of Police, Balia District, Uttar Pradesh, on the custodial death of Atal Bihari Mishra on the basis of which it issued notice to the Chief Secretary, UP calling for a report. The Commission also received a joint petition from Shri Shreesh Chander Dixit, Member of Parliament and Dr Vina Pande, Member of UP Legislative Council on this case. The matter was raised in Parliament by the former Prime Minister Shri Chandrashekhar, who urged the Government to refer this case to the Commission. The Commission directed a team from its own investigating staff to conduct a preliminary enquiry. Upon being informed by the State Government that the State CID was entrusted with the enquiry into the case, the Commission asked it to expedite the investigation. On perusal of the CID report which was received by the Commission, it observed that this was an instance of police high-handedness at its worst. A young boy, because of political differences between his father and a local politician belonging to the ruling party, was dragged to the police station on 'fictitious and frivolous" charges and was mercilessly roughed up. The Commission felt that unless appropriate punishment was meted out to officers responsible for this kind of dastardly crime, it would be difficult to contain and control custodial torture. The Commission, therefore, took up this matter with the then Governor of UP urging him to errsure that charge-sheets against the errant personnel are filed expeditiously before the Court. Later, the Commission followed this up with another letter expressing serious concern over the delay and urging immediate submission of charge-sheets and departmental action against the delinquent police officers. As a result, nineteen police officerlofficials have been charge-sheeted under various sections of law in the Court of the Chief Judicial Magistrate, Balia for the th of Shri Atal Bihari Mishra, a student of the Banaras Hindu University. Death in police custody of Shri Udayan in Kerala Th~scase was brought to the notice of the Commission by Or Xavier Paul who alleged that Udayan died In police custody in the lockup in Mannarghat Police Station

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