Fwd: [socialactionfoundationforequity:13903 NHRC Abusing Human Rights?
anityasarva 00
From: Sarvadaman Oberoi <manio...@gmail.com>
Date: Tue, 24 May 2011 21:23:43 +0530
Subject: [socialactionfoundationforequity:13903 NHRC Abusing Human Rights?
To: Secy Gen NHRC <sgn...@nic.in>, DGP Haryana <pol...@hry.nic.in>,
COMMISSIONER POLICE GURGAON <cp....@hry.nic.in>, DC GURGAON
<dc...@hry.nic.in>, Chief Secretary Haryana <c...@hry.nic.in>, Chief
Information Commissioner Haryana <m...@hry.nic.in>, Chief Information
Commissioner of India <s.mi...@nic.in>, Hindustan Times
<skah...@gmail.com>, District & Sessions Judge Gurgaon
<dsj...@hry.nic.in>, PH High Court <high...@hry.nic.in>, Hon'ble
Prime Minister <pm...@pmo.nic.in>, The Honble Chief Minister Haryana
<ps...@hry.nic.in>, Hon'ble President of India
<presiden...@rb.nic.in>, DG NHRC <dg-...@nic.in>, Chief Justice
of India <suprem...@nic.in>, Chief Election Commissioner of India
<syqur...@eci.gov.in>
Cc: United Nations High Commissioner for Human Rights
<civils...@ohchr.org>, The New York Times <nytd...@nytimes.com>,
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comdt...@hry.nic.in
*NHRC Abusing Human Rights?*
Section 176 (4) of the Code of Criminal Procedure, 1973 read with Section
13 (2) of the Protection of Human Rights Act, 1993 (Act 10 of 1994) enjoins
the National Human Rights Commission to *"inform the relatives of the
deceased whose names and addresses are known, and shall allow them to remain
present at the inquiry."* This, the National Human Rights Commission has
failed to do in NHRC Case File Number: 181/7/5/2010-AD Diary Number 6432 dt
07.02.2010 decided on 02.07.2010, even as it recorded the affidavit of the
Jail Superintendent of Bhondsi Jail dated 26.02.2010*, an official who had
the complete name and address of the wife of the deceased on his official
record*.
That the National Human Rights Commission failed to follow the law laid down
in Section 176 (4) of the Code of Criminal Procedure, 1973 as provided in
Section 13 (2) of the Protection of Human Rights Act, 1993 (Act 10 of 1994),
by its omission to inform the wife of the deceased that it is conducting
proceedings under Section 13 (2) of the Protection of Human Rights Act, 1993
(Act 10 of 1994) read with Section 176 of the Code of Criminal Procedure,
1973 which entitle her to remain present at any inquiry concerning custodial
death of her husband.
That the National Human Rights Commission caused grave injustice by such and
other actions in Case File Number: 181/7/5/2010-AD leading to its unjust
dismissal, against public policy and against the tenets of the criminal
justice system, in grave violation of Articles 14 & 21 of the Constitution
of India. The other actions include but are not limited to the fact that the
complainant NGOs who reportedly based their complaints on news reports,
unknown to the wife and relatives of the deceased till 01.05.2011, had
specifically sought:
“Direct the State Government of Haryana to sent the postmortem report of
the deceased which should have been conducted in full conformity with the
NHRC guidelines within two weeks time; Direct the State Government of
Haryana to suspend the Superintendent of Bhondsi Jail, Gurgaon to facilitate
fair and impartial investigation and further, take appropriate legal action
against anyone found to be guilty; Direct the State Government of Haryana to
provide an interim compensation of Rs 10 lakhs to the next of kin of the
deceased; and Take any other measures the NHRC deems fit and proper.”
The postmortem report which was unduly delayed by 26 hours after death till
9.30 A.M. on 13.01.2010 in spite of magistrate’s orders to carry out post
mortem at 2 P.M. on 12.01.2010 has not established cause of death 16 months
later, as status of viscera report normally given in 3 to 4 weeks, is
unknown!!
Investigation of NHRC was limited to the taking on record of a single
affidavit from the person sought by complainant to be suspended so as to
enable fair and impartial investigation!!
The only person, the wife of the deceased who could have shone the light of
truth on the case was not called even though Section 13 (2) of the
Protection of Human Rights Act, 1993 (Act 10 of 1994) read with Section 176
of the Code of Criminal Procedure, 1973 enjoined her presence, and Jail
Superintendent of Bhondsi Jail had the complete name and address of the wife
of the deceased on his official record!!
Regards.
Sarvadaman Oberoi
Tower 1 Flat 1102, The Uniworld Garden,
Sohna Road, Gurgaon 122018 Haryana INDIA
Mobile: +919818768349 Tele: +911244227522
Website: http://www.freewebs.com/homeopathy249/
email: manio...@gmail.com
Jaago Re "Aaj Se Khilana Bandh, Pilana Shuru"
*
NHRC Case Details of File Number: 181/7/5/2010-AD Diary Number 6432 dt
07.02.2010
*
Name of the Complainant SUHAS CHAKMA, DIRECTOR
Address NATIONAL CAMPAIGN FOR PREVENTION OF TORTURE, C-3/441-C,
JANAKPURI, WEST DELHI , DELHI
Name of the Victim KRISHNA KUMAR
Address AS ABOVE
WEST DELHI , DELHI
Place of Incident BHONDSI JAIL
GURGAON , HARYANA
Date of Incident 1/12/2010
Direction issued by the Commission The complainant drew the attention of the
Commission
towards death of UTP Krishna Kumar allegedly due to torture at Bhondsi Jail,
Gurgaon,
Haryana on 12-01-2010. It was prayed as under:- Direct the State Government
of Haryana to
order a judicial inquiry into the death of undertrial prisoner, Mr. Krishana
Kumar due to
alleged torture at Bhondsi Jail, Gurgaon and delay in providing medical
treatment, and sent
the report within two weeks time; Direct the State Government of Haryana to
sent the postmortem
report of the deceased which should have been conducted in full conformity
with the
NHRC guidelines within two weeks time; Direct the State Government of
Haryana to suspend
the Superintendent of Bhondsi Jail, Gurgaon to facilitate fair and impartial
investigation and
further, take appropriate legal action against anyone found to be guilty;
Direct the State
Government of Haryana to provide an interim compensation of Rs 10 lakhs to
the next of kin
of the deceased; and Take any other measures the NHRC deems fit and proper.
Upon perusal,
the Commission vide proceedings dated 04/02/2010 directed as under:- "This
is a case of
death in jail allegedly due to torture and intimation about death in jail as
per guidelines of the
Commission appear to have not been received. Issue notice to the Deputy
Commissioner,
Gurgaon, Haryana and the Superintendent, District Jail, Gurgaon as to why
this death was not
reported to the Commission with 24 Hrs of occurrence. Both the above
authorities are also
directed to submit requisite reports within eight weeks." Pursuant to the
directions of the
Commission, Superintendent, District Jail, Gurgaon, Haryana vide
communication dated
26/02/2010 stated as under:- "It is submitted that UTP Krishna Kunlar S/o
Ram Parsad was
admitted in this Jail on 11-01-2010 in case FIR No. 75/08 u/s 324, 506 PS
Sec-05 Gurgaon.
The accused got seriously ill on 11/12-01-2010 and was sent to General
Hospital Gurgaon for
treatment in serious condition accompanied by Jail Pharmacist and escorted
by Jail Guard. He
was declared dead at General Hospital Gurgaon by Medical Officer. The Honble
Commission
is further apprised that a judicial inquiry was got conducted by Sh. Mukesh
Rao, Judicial
Magistrate 1st Class, Gurgaon on 12-01-2010 into the cause of death of UTP
on the order of
Ld Distt. and Session Judge Gurgaon. There was no delay in providing proper
medical
treatment to the deceased by Jail Medical Officer. No torturing of deceased
took place as
alleged. Due postmortem was got conducted on the body of deceased on
13-01-2010 by a
panel of three Medical officer constituted by CMO General Hospital Gurgaon
in the presence
of Sh. Mukesh Rao, Ld Judicial Magistrate 1st Class. The cause of death in
this case will be
given after receiving viscera report as mentioned in the postmortem report.
District Magistrate
Gurgaon, Deputy Commissiner Of Police (West) Gurgaon and SHO Police Station
Sec-05,
Gurgaon, were duely informed vide this Office PTM No. 585-89 dated
12-01-2010 message
delivered by hand by Asstt. Supdt. Jail Bijender Singh Joon and Warder Gaje
Singh of this
Jail. Financial Commissioner and Principal Secretary, Director General of
Prisons, Haryana
and your good Office were also intimated vide above quoted PTM No. The
National Human
Right Commission is further apprised that no torturing of UTP Krishna Kumar
S/o Ram
Parsad took place at this Jail as alleged in the complaint. No apparent
injury marks were seen
on the deceased body as opined by the Jail Medical Officer on the basis of
Postmortem report.
Thus the complaint seems to be misleading and mischievous and far away from
truth." Shri
Nand Lal Shukla, President, Manavadhikar Emergency Helpline Association also
has drawn
attention of the Commission towards this death in jail. The Commission has
perused record.
Inquest was conducted by a Judicial Magistrate. No delay has been found in
providing
treatment to the deceased. Three doctors have conducted Post Mortem. Viscera
sent for
examination. In the facts and circumstances now on record, no further action
by the
Commission is called for. The case is closed.
Action Taken Concluded and No Further Action Required (Dated *7/2/2010 *)
*
Status on 5/5/2011 *The Case is Closed.
Note: For further details kindly contact National Human Rights Commission,
Copernicus
Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail:
--
Truth resides in every human heart, and one has to search for it
there, and to be guided by truth as one sees it. But no one has a
right to coerce others to act according to his own view of truth. -
Mohandas Gandhi
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