The Haryana Human Rights Commission has made a recommendation to the State government to pay ₹25,000 compensation to a victim of custodial torture saying that “the State was vicariously responsible for the torturous act of its employees”.
In an eight-page order, the Commission observed that there was a “deep concern at the growing incidents of custodial crimes occurring in different parts of the country... The police are empowered by the State to enforce laws and maintain public order. They do not have the right to take the law in their hands as they please.”
‘Recover amount from erring officer’
The order said the State could recover the compensation amount from the erring officer. It also said that the department could hold probe against other officers named in the complaint for violation of human rights.
The matter pertains to an attempt to murder case registered at Kherki Dhaula in Gurugram on October 4, 2020.
Krishan Kumar, the complainant, told the Commission that his son Rahul was arrested in the case on December 18, 2020, and remanded in two days’ police custody the next day. Mr. Kumar alleged Assistant Sub-Inspector Om Prakash, the Investigation Officer, called him to the police station and demanded ₹6 lakh bribe to settle the case. When the complainant expressed his inability to pay the money, the police officer allegedly beat up Rahul in his presence.
‘Lame excuses’
The Commission relied on the medico legal certificates (MLCs) to conclude that the victim was beaten up in the police custody. While the medical examination of Rahul conducted on December 18, 2020, and December 19, 2020, showed no injuries, the medical examination conducted on December 22, 2020, following direction from the court found injuries on his body. The Commission was also not satisfied with the reply to the show cause notice filed by the police officer and observed that he had given “lame excuses” to shift the burden of his wrongdoings on the doctors.
The Gurugram Joint Police Commissioner had also awarded the ASI punishment of “censure” based on an inquiry report by the Manesar Assistant Commissioner of Police in this matter based on Krishan Kumar’s complaint.
