NHRC notice to UP Govt in custodial death case

Kumar Rajiv Nayan

New Delhi : The National Human Rights Commission ( NHRC) has taken suo motu cognizance of media reports about the mysterious death of the father of a rape victim who was in custody at a jail in Unnao, Uttar Pradesh. The incident took place day after the alleged rape victim tried to immolate herself near the Chief Minister’s  residence accusing a BJP MLA Kuldeep Singh Sengar and his aides of gang rape.

The girl’s father was in judicial custody after his arrest for a brawl with the MLA’s supporters last week. The daughter of the deceased has alleged that it is only the delinquent MLA who has got her father killed since she was not willing to withdraw the gang rape complaint against him.

The Commission has observed that the allegations, if true, raise serious issue of violation of human rights of the victim family. It has issued notices to the Chief Secretary and Director General of Police, Uttar Pradesh, calling for a detailed report in the matter including action taken against the delinquent police officials, who refused to register an FIR, according to an NHRC release.

The NHRC also expects from the DGP an explanation for not communicating the custodial death to the Commission within 24 hours. All the reports including health screening report of the deceased at the time of his admission in the jail and medical treatment provided by the jail authorities are to be sent. They have been given four weeks to respond.

The Commission has also directed the Chief Secretary, Uttar Pradesh, to look into the matter personally and ensure that the aggrieved family is not subjected to further harassment and humiliation by the opponents who appear to be resourceful persons of the locality. The NHRC has also directed him to monitor and expedite the magisterial inquiry which is underway.

According to the media reports carried today on April 10, 2018, some miscreants forcibly entered the house of the Devender and thrashed him brutally in front of his family members on April 3, 2018. The family approached the Makhi police station to lodge an FIR against the younger brother of the BJP MLA and his aides. It was mentioned in their complaint that the brother of the MLA led the group and asked his accomplices to attack the family.

On the other hand,  police booked Devender u/s 323, 504, 506 IPC and also added sections of the Arms Act against him. He was arrested and remanded to judicial custody for 14 days. Police, as mentioned in the news report, argued that the accused was a listed criminal. After his medical examination, Devender was sent to prison at 7.30 pm on April 4, 2018. According to the media reports, on April 8 evening, Devender complained of stomach ache and the next day he died in the hospital at around 3.30 am.

According to the media reports, the doctors, who examined the deceased after he spent two days in police custody, noted 19 injury marks.