Taking strict note of an 18-year-old youth’s alleged torture in illegal police custody, the Haryana Human Rights Commission (HHRC) has sought a detailed action-taken report from the Haryana director general of police (DGP).
During the hearing on Friday, the commission observed that while an inquiry report had been submitted by the Haryana Police, it failed to disclose the subsequent action taken against the delinquent police officials.
Accordingly, the commission directed the DGP to submit an action-taken report by the next hearing on December 24.
During the previous hearing on September 18, the commission had directed the DGP to initiate appropriate departmental proceedings against inspector Jagdish Chand and sub-inspector (SI) Yadwinder Singh.
In compliance with the directions, the DGP had appointed Amrinder Singh, assistant superintendent of police (ASP), Yamunanagar, to conduct a joint departmental inquiry against both officials. The inquiry report was submitted on December 11 and placed before the commission during a subsequent hearing.
The inquiry revealed that SI Yadwinder Singh was the investigating officer in an FIR registered on June 17, under Section 288 of the Bharatiya Nyaya Sanhita (BNS) and Section 25(9) of the Arms Act at the Pinjore police station.
The 18-year-old accused had allegedly used a firearm for celebratory firing following a panchayat election victory, leading to the FIR.
The youth was arrested on June 26 and produced before a local court on June 27, from where he was released on bail.
Despite the grant of bail, SI Yadwinder Singh re-arrested the youth on July 15 without obtaining prior permission from the court.
During this illegal detention, the teenager was subjected to physical assault, the medico-legal report (MLR) revealed.
The inquiry held that SI Yadwinder wilfully disobeyed the court order, violated the human rights of the complainant and displayed gross negligence and indiscipline. The charges framed against him were found to be proved and he was held guilty.
With regard to inspector Jagdish Chand, the then SHO of the Pinjore police station, the inquiry found that he failed to take effective action to restrain his subordinate officer and did not report the serious misconduct to senior officers. As SHO, he was found to be overtly responsible for the illegal acts of the investigating officer under his command and was held to have abetted and facilitated the misconduct.
The inquiry further noted that Chand failed to intervene in the illegal re-arrest, did not inform senior officers, and extended support to the investigating officer during the inquiry.
These acts, the commission observed, clearly demonstrated gross negligence and indiscipline. The charges framed against him were also proved, and he was held guilty.
The regular departmental inquiry report against both officers has been forwarded to the deputy commissioner of police (DCP), Panchkula, for further necessary action.
After perusal of the inquiry report and relevant records, the commission observed that both officers acted negligently in the discharge of their official duties. The illegal re-arrest without court permission and the physical assault on the complainant clearly established gross negligence, indiscipline and misconduct.
The commission further stated that it was a settled principle of law that the state is liable to compensate victims where fundamental rights were violated due to the misconduct or illegal actions of its employees, particularly police officials.
Accordingly, the commission issued notice to the additional chief secretary (Home), Haryana, to show cause as to why compensation should not be granted to the complainant for the wrongful acts committed by inspector Jagdish Chand and SI Yadwinder Singh. The reply has been directed to be filed on or before the next hearing.
