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Year 2004-2005 Death of Sher Mohammad in Police custody by torture: U.P. ± Case No. 8924/95-96/NHRC
The Superintendent of Police, Badaun, Uttar Pradesh vide his communication dated 23 February 1996 intimated the Commission about the death of Sher Mohammad s/o Abdul Rashid, an under trial prisoner, who was arrested on 22nd February 1996 in case No. 29/96 u/s 25 of Arms Act and case No. 20/96 u/s 364 IPC by the police from the Binowar police station. It was reported that the under trial, Sher Mohammad fell ill and he died while on the way to the District Hospital, Badaun on 23 February 1996. In response to the notice issued by the Commission, the post mortem report and the magisterial enquiry report were sent to the Commission. A perusal of the Magisterial Inquiry Report showed that the said under trial prisoner was beaten up by the SHO, while being interrogated in the two cases registered against him, and died as a result of police torture. A criminal case was registered against the SHO and a charge sheet was filed in court u/s 302/323 IPC. While considering the matter on 14th January 2004 the Commission agreed with the magisterial inquiry, that it was a case of custodial death which was caused as a result of severe beating of the under trial while in custody of the police. The Commission, therefore, directed the issuance of notice to the Chief Secretary, State Govt. of U.P. to show-cause why ³immediate interim relief´ of Rupees one lakh u/s 18(3) of the Protection of Human Rights Act, 1993 be not given to the next of kin of the deceased. However, since no response was received from Chief Secretary to the show cause notice, on further consideration of the matter, the Commission on 21 April 2004, directed the State Government of U.P. to pay an interim relief of Rs. 1 lakh to the next of kin of the deceased. The Commission also observed that death in police custody is one of the worst kind of crimes in a civilized society governed by the rule of law and poses a serious threat to an orderly civilized society. Torture in custody flouts the basic rights of the citizens and is an affront to human dignity. Police excesses and torture in custody of the detainees/ under trial prisoners or suspects tarnishes the image of a civilized nation and it is necessary to take stern measures to check the malady. The National Police Commission in its 4th Report of June 1980, almost a quarter of a century ago, noticed the prevalence of custodial torture and observed that nothing is ³so dehumanizing´ as the conduct of police in practicing torture of any kind on the person in their custody. The National Human Rights Commission having been constituted under the 1993 Act for better protection of human rights and civil liberties of the citizen has not only the jurisdiction but also an obligation to grant relief in appropriate cases to the victims or the heirs of the victims whose right to life under Article 21 of the Constitution has been flagrantly infringed by the State functionaries by calling upon the State to repair the damage done by its officers to the human

rights of the citizen. The State, in all such cases, is vicariously liable for the wrongful acts of its officers. When the State is called upon to grant monetary relief to the next of kin of the deceased or the victims of torture as the case may be, by the Commission it is because the doctrine of strict liability of duty of care on the part of the State is attracted to such cases. It is reiterated that the State is vicariously responsible, if the person in the custody of the police is deprived of his life except according to the procedure established by law, to recompense the heirs of the victims. The Government of Uttar Pradesh submitted its compliance report in respect of the payment of rupees one lakh to the next of kin of the deceased.

Exploitation of Children by the Great Roman Circus in Gonda District of Uttar Pradesh ± Case No.7993/24/ 20042005.
The Commission received a complaint, dated 15.6.2004 from the General Secretary, Global March Against Child Labour, New Delhi ± an NGO, alleging assault on its members and parents of children during investigation of alleged atrocities on children including sexual harassment at Great Roman Circus in Golonelganj, District Gonda, U.P. The Commission got the matter investigated through its team of officers and also obtained a report from the Chief Secretary, State of U. P. In response to the notice issued to the Government of Uttar Pradesh, the State Government informed that three criminal cases ± one u/s 147/148/325/323/352/5045/506/107 IPC and Section 3/5 of the Bonded Labour Act had been registered against the owner of the circus and other persons; the other u/s 376 IPC was registered against Raza Mohd., owner of the Circus in respect of alleged rape by him on Kumari Neeta Lama. A third case u/s 354 IPC was also registered against unknown persons. Apart from Neeta Lama, no other woman employee had complained of sexual harassment/other exploitation. The Government of Uttar Pradesh informed the Commission that in the first two criminal cases, charge sheets had been filed before the court. In the absence of evidence about sexual exploitation of the girls, final report had been filed in the court in cases No. 283B to 283A u/s 354 IPC registered in this regard. Twenty two girls (10 Indians and 12 Nepalese) were recovered on 22.6.2004 by the SDM in the presence of NHCR team. Nepalese girls were handed over to the Nepal authorities by the District Authorities of Gonda on 25.6.2004 taking them from the circus. Action for their rehabilitation would be taken by the Nepal Government. The remaining 10 Indian girls were sent to the Nari Niketan.

A writ petition had also been filed in the Hon¶ble High Court, Lucknow Bengh, Lucknow ± Sharmila and others vs Raza Mohd etc. The girls sent to Nari Niketan were to be produced before the Hon¶ble Court on 23.7.2004 as per its directions. Further action will be taken accordingly on the directions of the Hon¶ble Court. 7 girls working with the said circus belonged to District Darjeeling, West Bengal who of their own after closure of the circus went back to Darjeeling as per their wish along with their guardians. The Commission, vide its proceedings dated 9.2.2005, directed SP (HR) in the office of DGP, U.P., to send a copy of the writ petition pending before the High Court at Allahabad together with any order made therein. The response is still awaited.

Alleged death of Muhammad Akbar Sheikh in armed forces custody, Baramulla district, Jammu & Kashmir
Inhabitants of a cluster of villages in Barwah tehsil of Baramulla district, Jammu & Kashmir, submitted a written complaint to the Commission alleging the death, in the custody of the armed forces, of Muhammad Akbar Sheikh on 27 December 1993. It was asserted that he was seized during an army crackdown in the area on that date and that his dead body was handed over to the police in Baramulla on 29 December 1993. Proceeding under Section 19 of the Protection of Human Rights Act 1993, the Commission called for reports from the Defence and Home Ministries. The reply of the Defence Ministry, dated 6 September 1994, forwarded a report from Army Headquarters. According to that report, the 15 Punjab Regiment was involved in an operation against militants on 27 December 1993 around the village of Fategarh. Tehsil Barwah, District Baramulla. A cordon was established at 0700 hours and a search started at about 0900 hours. All male adults were collected at the local government high school. Muhammad Akbar Sheikh agreed to assist one of companies of the unit in the matter of the search. Five hideouts were shown to the search party and weapons and ammunition too were recovered. The search continued till 1800 hours. The period being the last week of December 1993, the weather was harsh and the terrain difficult. The report attributed the death of Muhammad Akbar Sheikh to exhaustion. After carefully analyzing the report, the Commission observed that it was apparent that the deceased had been totally exhausted. The valley was in the grip of severe cold at that time. The record further indicated that Muhammad Akbar Sheikh was not a man in normal health. In such circumstances, it was the obligation of those who wanted to utilize his services for the purpose of the

search, to take proper care of him. It was evident that exhaustion in this case was the result of the strain put upon him by the search party. Though the case was not one of custodial death, the situation was more or less akin to it. After considering all aspects of the case, factual and legal, the Commission was of the opinion that Muhammad Akbar Sheikh's life could have been saved if appropriate care had been taken of him by the armed forces. Holding the latter responsible for negligence in the death of Muhammad Akbar Sheikh, the Commission directed the Ministry of Defence to pay Rs. 50,000/- as compensation to the legal heirs of the deceased. Accepting the recommendations of the Commission, the Ministry of Defence issued a sanction order on 2 December 1994 for the payment of the compensation. The Commission took note of this on 22 December 1994.

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