Haryana panel chairperson says State can later recover amount from accused ASI
The Haryana Human Rights Commission (HHRC) has recommended ₹50,000 as compensation to a victim in a case pertaining to torture in police custody three years ago.
In an eight-page order recommending the compensation to victim Surya, the son of the complainant Ajit Singh, HHRC Chairperson Justice S.K. Mittal observed that the state was vicariously liable for the torturous acts of its employees and could later recover the amount from the erring officer, Assistant Sub-Inspector Jaipal. The order said the amount has to be disbursed within eight weeks.
Mr. Singh, a resident of Jind, in his complaint, said Surya, a student of B.A. final year had gone to college on November 14, 2018, to take an exam when he got a call from his friend around 11 a.m. saying that he had been arrested by the police. When the complainant reached the police post in Hisar, he found his son tied to the window of the building, his legs chained and several injuries on his body.
Mr. Singh, in his complaint, said that the ASI along with his colleagues severely beat up his son in his presence and took him to Civil Hospital when he fell unconscious.
He was later referred to Agroha Medical Hospital.
The Commission relied on the medico-legal certificate by a doctor in Civil Hospital confirming that the young man was unconscious and had six injuries when brought to hospital, the report of the medical board and the photographs showing injuries to conclude that allegations of the torture were true.
The police officer was also found guilty of not getting the medical examination of the victim done soon after his arrest in a departmental inquiry and was warned to be careful in the future. It also proved the complicity of the policeman, said the order.
Mr. Mittal, in his order, invoked the observation of Supreme Court in D.K. Basu vs. State of West Bengal case in which the court had held that “custodial torture is a naked violation of human dignity and degradation which destroys to a very large extent, the individual personality.”
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