Case Details of File Number: 169/3/0/2010-PCR

Diary Number90352
Name of the ComplainantSUHAS CHAKMA, DIRECTOR
AddressNATIONAL CAMPAIGN FOR PREVENTION OF TORTURE, C-3/441-C, JANAKPURI,
WEST DELHI , DELHI
Name of the VictimMALOTI KALANDI W/O BADAL KALANDI
AddressBAKSHA
ASSAM , ASSAM
Place of IncidentTAMALPUR PS. PREMISES
ASSAM , ASSAM
Date of Incident7/18/2010
Direction issued by the Commission"The complainant vide his complaint dated 21.07.2010 alleged that one Maloti Kalandi, aged 33 years, wife of Shri Badal Kalandi was raped by a Sub-Inspector Sahidul Rahman, Police Station Tamulpur, District Baksha, Assam at his official quarter situated at the police station on 18.07.2010. He requested the Commission to take appropriate action in the matter. The Commission vide its proceedings dated 13.06.2011 observed and directed as under: - "Joint Secretary to the Government of Assam, Political (A) Department vide his letter dated 25.04.2011 has informed that the departmental proceedings against the delinquent police official is still continuing and a charge-sheet has been filed against him in criminal case No.109/2010 and the same is pending for trial in the Hon'ble Court of CJM, Nalbari. The letter further says that the issue of compensation may be decided by the Commission at a later date, since the outcome of the departmental proceedings as well as the criminal proceedings against the delinquent police official is vital for establishing his involvement in the alleged offence. The Commission in a number of cases has already taken the view that the grant of compensation under the Protection of Human Rights Act, 1993 does not depend on the outcome of the disciplinary proceedings or criminal proceedings. Clause (c) of Section 18 authorizes the Commission to recommend immediate interim relief at any stage of an inquiry. In the Commission's view, this is a case where such interim relief is justified and should be immediately provided. In view of above, the Commission recommends that a sum of Rs.1,00,000/- ( Rupees One Lakh only) be paid to Smt. Maloti Kalandi for violation of her human rights by the State Government within four weeks. The compliance report along with proof of payment be submitted to the Commission within six weeks." In response, Joint Secretary to the Government of Assam, Political (A) Department, vide his letter dated 29.08.2011, stated that payment of recommended amount Rs. 1 Lakh has been made to the victim Smt. Maloti Kalandi, vide A/C payee Cheque No. '563492' dated 30.07.2011. A copy of the receipt along with a photograph has also been enclosed with the letter. The Commission notices that proof of payment has been received. No further action is called for in this matter and the file is closed. A copy of these proceedings shall be sent to the Information Officer of the Commission and to the recipient of the relief."
Action TakenConcluded and No Further Action Required (Dated 9/28/2011 )
Status on 9/26/2018The Case is Closed.
Status of the Complaint filed at the National Human Rights Commission.