Carrying out a probe into allegations of custodial torture and false implication of Nisha Singh, a Ward 30 councillor, in a case pertaining to the anti-encroachment drive in Sector 47 here on May 15, the National Human Rights Commission (NHRC) in its report said that the spot enquiry conducted by the team had found that the “action of the police was contrary to law and the same cannot be accepted in a civilised society governed by the rule of law”.
Saying that “the police had not only abused their power and authority but have also violated her human rights”, the NHRC in its report has directed the Director General of Police, Haryana, to initiate disciplinary action against the concerned police officials who failed to follow the guidelines of the Supreme Court while arresting the councillor and submit a report within eight weeks’ time. Ms. Singh was recording the anti-encroachment drive being carried out by the HUDA officials with support from the local police at Fathepur (Jharsa) village when the police took her into custody and lodged a case against her under different sections of the Indian Penal Code for instigating people and under Section 3 of the Explosive Substances Act.
The NHRC, in its report, said that a spot inquiry was conducted at Gurgaon from August 3-7 in this connection and many witnesses were examined and two CDs prepared by the government officials were also obtained, but Ms. Singh “could not be seen instigating the villagers for violence (as alleged in the FIR) in the video footages or photographs nor is there any evidence to substantiate that Ms. Singh had reached at the spot well before the police force and delivered any speech among the villagers”.
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Taking the police to task, the report said that “the police failed to provide any corroborative evidences to support their allegation of instigation by Ms. Singh. Thus, the version of the police on this account has not been found correct though the police have filed a charge sheet in the aforesaid case registered against Ms. Singh and matter is now sub-judice”.
The report further said that the “police failed to follow due process of law while arresting the complainant by not intimating the factum of arrest to the family members of Ms. Singh, by not providing Ms. Singh medical assistance immediately after she was taken into police custody at about 11.30 a.m. on May 15 despite her repeated request and by not showing the correct time and true place of arrest in the arrest memo”. The report also blamed the police for not taking any action on the complaint of Ms. Singh for having lost her phone. “It has also been found that police have failed to take any lawful action on the complaint of Ms. Singh regarding loss/alleged snatching of her mobile phone. Despite the fact the her mobile phone is not traceable, no legal action has been initiated to trace the phone by registering the First Information Report under Section 154 or 155 of Criminal Procedure Code as applicable”.
NHRC report says Nisha Singh, a Ward 30 councillor, was falsely implicated