Notice Issued - 593/34/12/2020 by NHRC new Delhi

 

Case No.- 593/34/12/2020

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

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MANAV ADHIKAR BHAWAN, BLOCK-C,

G.P.O. COMPLEX, INA, NEW DELHI- 110023

Fax No.: 011-24651332    Website: www.nhrc.nic.in

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Date : 28/04/2023

Case No.- 593/34/12/2020

To,

THE CHIEF SECRETARY 1ST FLOOR, PROJECT BUILDING,DHURWA, RANCHI- 834004 JHARKHAND JHARKHAND Email- cs-jharkhand@nic.in

Sir/Madam,

WHEREAS the complaint/intimation dated 09/06/2020 received from ONKAR VISHWAKARMA HUMAN RIGHT ACTIVIST in respect of MINOR BOY was placed before the Commission on 28/04/2023.

AND WHEREAS upon perusing the same the Commission has passed the following order.

The matter rested thus when, the Commission received a complaint from Sh. Onkar Vishkarama, Human Right Activist, a resident of Koderma, Jharkhand on 09-06-2020, alleging that the victim, a minor, was put behind bars for a petty offence of taking petrol out of someone's bike. The victim against whom no compliant or case was filed, was kept in the lock up by police without food or water for 24 hours. The Commission took the cognizance of the complaint on 26-06-2020 and directed the Superintendent of Police, Koderma, Jharkhand to submit the report within four weeks. In response, the Superintendent of Police, Koderma, Jharkhand vide his communication dated 15.12.2021 ha submitted the report. Perusal of the same reveals that the victim was arrested on 07.06.2020 on being found stealing petrol from a bike by ASI Sudhir Singh. The Station House Officer on his return to the Police Station, noticed the minor lodged in the police lockup. On verification of his age, the minor was found 16 years 10 months old. No Complaint was lodged by the bike owner and the victim was released immediately on 08.06.2020. Departmental action has been initiated against ASI Sudhir Singh. The Commission further considered the matter on 09.09.2022, wherein it observed and directed as under: - “The Commission has considered the matter. On perusal of the papers placed in the file, it could be seen that the minor boy (16 years) was arrested and lodged in the police lockup in violation of law and admittedly departmental action has been initiated against the delinquent police personnel. The aforesaid conduct of the police has resulted in violation of Human Rights of the victim. In these circumstances, let a notice u/s 18 of the protection of Human Rights Act, 1993 be sent to the Government of Jharkhand through its Chief Secretary to show cause within six weeks as to why appropriate amount of monetary relief may not be recommended to be paid to the victim for violation of Human Rights by the public servants.       A Notice be also sent to the DGP, Jharkhand calling upon him to submit the details of the departmental action taken against the delinquent police personnel within a period of four weeks”. Pursuant to the direction of the Commission, the office of the DGP, Jharkhand submitted a report dated 10.10.2022. Perusal of the report, it is revealed that after the departmental inquiry in the matter, the delinquent official namely ASI Sudhir Singh has been found guilty and has been suspended. The report is attached. The Commission has considered the matter. No reply has been received from the office of Chief Secretary to the Show Cause Notice. The fact that the police official is found guilty after the departmental enquiry shows that the human rights of the minor child has been violated. The Commission deems it fit to recommend a payment of Rs. 50,000/- as monetary relief be paid to the victim. Let the Registry issue notice to the Chief Secretary, Government of Jharkhand to comply with direction of the Commission and file a compliance report along with proof of payment within a period of four weeks. put up thereafter.

NOW THEREFORE TAKE NOTICE that you are required to submit the requisite information / Report within 4 weeks from the date of receipt of this notice.

Given under my hand and seal of the Commission, this the day of 28/04/2023

Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login), or through Speed Post/ at email-id cr.nhrc@nic.in. Any Audio/ Video CDs/ pen drives etc. and bulky reports may be sent through Speed Post/ per bearer.

Your’s faithfully (BY ORDER)        Sd/- Mukesh DEPUTY REGISTRAR (LAW) M-3 Section Ph. No. 011-24663317 Email. ar3.nhrc@nic.in

Encl: Copy of the complaint.

Note -->

1. The information / report shall be furnished only by the authority which is called upon to do so

2. Please quote the Case No. referred above in all future correspondence / reports.

CC to

THE CHIEF SECRETARY 1ST FLOOR, PROJECT BUILDING,DHURWA, RANCHI- 834004 JHARKHAND Email- cs-jharkhand@nic.in

Complainant Details Case No. 593/34/12/2020 ONKAR VISHWAKARMA HUMAN RIGHT ACTIVIST SHAHEED CHOWK DOMCHANCH KODERMA , JHARKHAND 825418 Email- onkar.670@gmail.com , Mob No- 9934520602 Mukesh DEPUTY REGISTRAR (LAW) M-3 Section Ph. No. 011-24663317 Email. ar3.nhrc@nic.in \