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New Delhi : The National Human Rights Commission ( NHRC), India, in a case of custodial torture by police in Delhi, has recommended that the Union Ministry of Home Affairs pay Rs 1 lakh each to the two victims. It has also called for the report of departmental action taken against the six erring police officials, who are facing trial before the court of Additional Sessions Judge, Rohini, in  FIR No. 289/2019. They include one Inspector-SHO, ASI, HC, HV, and two Constables.

Earlier, the Commission did not accept the plea taken by the Delhi police in reply to its show cause notice that since the matter is subjudice, hence, the departmental action cannot be taken against the police personnel concerned. Terming this plea as fallacious, the Commission observed that it is unsatisfactory and does not inspire confidence.

The Commission was convinced that from the material on record, prima-facie it is established that the complainant and his nephew were given third degree torture. They were assaulted by the police personnel, as named in the FIR, and are now facing trial before the court. Hence, in these circumstances, the Commission recommended payment of Rs 1 lakh to the two victims of police torture, as per the Section 18 (a) (i) of Protection of Human Rights Act, said an NHRC release.

The Commission had registered a case on September 5, 2019, on the basis of a complaint dated August 26, 2019, by the victim, alleging that police officials of Adarsh Nagar Police Station, Delhi, had picked up his nephew and how he was also detained when he went to enquire about him; given third degree torture along with his nephew. His nephew was also allegedly falsely implicated in a criminal case of Arms Act.

Subsequent to the notices of the Commission, the DCP Crime Headquarters, Delhi Police, had submitted a report that an FIR dated September 1, 2019 was registered on the complainant’s complaint. The Commission, on the basis of this report, found that a criminal action had been initiated against the three officials, and a charge-sheet had been submitted against them before the court of law.

Therefore, the Commission held that since the police officials failed to act as responsible public servants, therefore, departmental proceedings against them should also be initiated, and they should be punished accordingly. The State is liable for the action of public servant/police officials and hence the victims are entitled to compensation.