NHRC awards compensation for 'illegal detention'

By Our Legal Correspondent

NEW DELHI, DEC. 31. The National Human Rights Commission (NHRC) has directed the Orissa Government to pay Rs. 50,000 within a week as interim relief to a 16-year-old boy who was kept in `illegal detention' by the police for four days.

The Commission has also recommended to the Government to get cases registered against the police officials involved in illegal detention, physical abuse and removal of cash and jewellery from the boy. The investigation is to be handed over to the State CID and will be conducted by an officer not below the rank of Superintendent of Police (SP). The report/outcome of the investigation shall be communicated to the Commission by the first week of February.

The Commission was unhappy over the manner in which the SP, Kandhamal in Phulbani district, dealt with an important matter like the present one. His report clearly proved that the petitioner was a juvenile and was illegally detained by police for four days before being produced in the court. The report makes no traversal of the allegations of the abuse and physical torture of the petitioner.

The Commission also found it unacceptable that a senior officer of the rank of SP could not hold an inquiry just because an official under him had been transferred. ``This only shows the lack of sensitivity of the officer in the matter of human rights.''

The NHRC received a complaint from the boy, Jaya Kumar Sahu, alleging that he was arrested by the Phulbani police who had also taken away Rs. 22,500, a gold chain, gold ring, two silver coins and put him in the lock-up, where he was abused and beaten up. He was forced to make false confessions and made to sign a blank paper.

He said even after being produced in the court, he was not sent to a juvenile home. Instead, he was remanded to judicial custody and sent to a regular prison. As a result of the physical abuse there, he developed urine infection and bleeding. A convict in the prison also sexually abused him.

On the directions of the Commission, the SP conducted an inquiry and stated that the complainant and another person were arrested on charges of theft and smuggling of gem stones. The police officer concerned had since been censured for his actions.

In its order, the Commission felt that letting an officer for illegally detaining the petitioner, simply by administering a `censure'-cannot be said to be adequate punishment by any standard keeping in view the gravity of the acts committed, which constituted certain penal offences.

Besides recommending registration of cases against the police officials, the Commission also suggested initiation of disciplinary proceedings against the SP for his total lack of sensitivity towards human rights problems of the citizens.

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