New Delhi, Oct 13 (IANS) The National Human Rights Commission (NHRC) has taken cognisance of a complaint alleging custodial torture and police brutality against the Rashtriya Swayamsevak Sangh (RSS)’s Sambhar district pracharak, Krishna Avtar, at Naraina police station in Rajasthan’s Jaipur Rural district.
A bench presided over by NHRC member Priyank Kanoongo has issued notices to the Rajasthan Chief Secretary V. Srinivas and Director General of Police (DGP) Rajeev Kumar Sharma, directing them to examine the allegations and submit their respective Action Taken Reports (ATRs) within two weeks.
The action has been initiated under Section 12 of the Protection of Human Rights Act, 1993, after a complaint was placed before the apex human rights body on October 13.
The NHRC said that the allegations, if established, would disclose a grave instance of custodial violence involving physical torture, forced stripping, humiliation and deliberate infliction of injuries upon a person under police control.
The complaint, filed by Vinay Joshi, convener of Legal Rights Observatory (LRO), alleged that Krishna Avtar was forcibly apprehended by police personnel while travelling towards Phulera on Saturday night and subsequently subjected to severe physical assault inside Naraina police station.
According to the complaint, the alleged assault took place on the directions of Station House Officer (SHO) Umrav Singh and involved Sub-Inspector Onkar Singh and other police personnel identified as Ajay, Ramesh, Kuldeep, Mahipal and Vinod.
It was alleged that the police personnel forcibly stripped Krishna Avtar, restrained his hands and feet, and repeatedly assaulted him, particularly targeting his private parts.
The complaint also alleged that he lost consciousness during the assault and was subjected to further violence after regaining consciousness.
The complainant said that the injured RSS pracharak was initially taken to a local health centre and subsequently shifted to Sawai Man Singh (SMS) Hospital in Jaipur in a critical condition.
The NHRC said that the allegations raised serious concerns regarding abuse of police authority, violation of custodial safeguards and institutional accountability.
It added that the reported involvement of multiple police officials, the nature and severity of the alleged assault, the loss of consciousness and subsequent hospitalisation warranted an independent, impartial and time-bound examination.
The apex human rights body said that such conduct, if established, would constitute a serious infringement of the right to life, personal liberty and human dignity guaranteed under Article 21 of the Constitution, besides attracting criminal liability under applicable laws.
It also added that custodial violence by police personnel entrusted with protecting citizens could not be treated merely as departmental misconduct.
The NHRC also took note of the reported suspension of six police personnel in connection with the incident.
However, it said the matter required examination of the criminal proceedings initiated against the officials allegedly involved, independently of departmental action.
“The Commission makes it clear that departmental suspension cannot substitute criminal investigation and accountability where the allegations disclose the commission of cognisable offences,” the order said.
The NHRC has directed the Rajasthan DGP to submit a detailed ATR covering the circumstances, date, time, grounds and legal authority under which Krishna Avtar was apprehended and taken to the police station, including details of any FIR or complaint and compliance with mandatory arrest and detention safeguards.
DGP Rajeev Kumar Sharma has also been asked to examine the allegations of forced stripping, physical restraint, repeated assault, injuries to private parts and loss of consciousness, while identifying the presence, involvement and specific roles of the SHO, the Sub-Inspector and other police personnel named in the complaint.
The state Police Chief has been directed to furnish details of any FIR registered in the matter, the offences invoked, the personnel named as accused and the status of the investigation.
In the absence of an FIR, the authorities have been asked to explain the reasons and steps taken towards registration of appropriate criminal proceedings.
The apex human rights body has also sought details of the reported suspension of six police personnel, copies of the suspension orders, the status of departmental inquiries and the criminal proceedings initiated independently of such inquiries.
The NHRC has directed the Rajasthan DGP to furnish details of the victim’s injuries, medico-legal findings, treatment at the local health centre and SMS Hospital, present medical condition and medical assistance provided.
The authorities have also been asked to preserve the complete medical records.
Stressing the preservation of evidence, the NHRC has directed the DGP Rajeev Kumar Sharma to ensure the immediate securing of CCTV footage covering the relevant period, including police station entry and exit points, corridors and lock-up areas.
The authorities have also been asked to preserve station diaries, custody records, duty rosters, vehicle movement records, communications and other relevant material, with safeguards against tampering or destruction.
The NHRC specifically directed that any missing, deleted or unavailable CCTV footage be accounted for, including the reasons for its non-availability and the responsibility, if any, of the officials concerned.
The apex human rights body has directed the state Police Chief to ensure that the role and individual liability of every police official alleged to have participated in, directed, facilitated or concealed the assault are duly investigated.
The NHRC has also sought details of measures taken to protect Krishna Avtar, his family members and witnesses from intimidation, coercion, threats or interference by the accused personnel or their associates.
The Rajasthan Chief Secretary has separately been directed to ensure immediate and appropriate medical treatment, specialised care and rehabilitation for the victim, along with continuous monitoring of his medical condition.
The state government has also been asked to arrange an independent, impartial and time-bound inquiry into the alleged custodial torture and take appropriate action in accordance with law on the basis of its findings.
The NHRC has also directed the Chief Secretary V. Srinivas to examine and fix administrative accountability, including supervisory negligence, dereliction of duty and any failure to prevent or report the alleged custodial violence, and initiate consequential action against officials found responsible.
The Rajasthan government has also been asked to ensure adequate protection for the victim and his family, provide necessary relief and examine the possibility of interim compensation in accordance with law.
The NHRC has asked both the Chief Secretary and the DGP to submit their respective ATRs, along with supporting documents detailing criminal and departmental action, medical assistance, victim protection, compensation and corrective measures, within two weeks of receipt of the notices.
–IANS
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