Case Details of File Number: 30962/24/36/09-10-AD

Diary Number114878
Name of the ComplainantSUHAS CHAKMA, DIRECTOR
AddressNATIONAL CAMPAIGN FOR PREVENTION OF TORTURE, C-3/441- C, JANAKPURI,
WEST DELHI , DELHI
Name of the VictimRAM KUMAR PAL
AddressSEMRA POLICE OUT POST, PS- SURSA,
HARDOI , UTTAR PRADESH
Place of IncidentPS- SURSA
HARDOI , UTTAR PRADESH
Date of Incident10/11/2009
Direction issued by the CommissionThe matter rested thus when an NGO, followed in November by two more human rights activists, alleging that Ram Kumar Pal, son of Shri Rameshwar, resident of Nayapurwa, PS Sursa, District Hardoi, Uttar Pradesh, had died on 7.10.2009 as a result of torture inflicted on him by the police of Simra outpost. The inquest report and the post-mortem report clearly established that the death of the deceased was caused by shock as a result of ante-mortem injuries. Since no magisterial enquiry was held, though the circumstances of the case made one essential, the Commission got the matter investigated by a team of its officers. On the basis of the findings of the Investigation Team recorded in the Commission's proceedings dated 8.4.2011, the Commission, while issuing a show cause notice to the Chief Secretary, State of Utter Pradesh to show cause why compensation should not be recommended to the next of kin of the deceased, further directed for investigation of the case by the CB/ CID, UP and Departmental Action against the delinquent public servants. The Commission recommended upon further consideration of the matter that a sum of five lakhs be paid to the next of kin of the deceased, Ram Kumar Pal. The payment was made on 10.12.2012 and the compliance report including proof of payment was submitted to the Commission. The Commission was also informed that the CB/CID investigation has been completed and the offence u/s 304 IPC has been substantiated against the police officials. The Government has been asked to accord sanctions for prosecution. The Joint Secretary, Home (HR) Dept, Govt. Of UP vide his communication dated 16.7.2015 has submitted that the state government has accorded sanction to prosecute the three delinquent police personnel on 30.3.2015, but their arrest has been stayed for a month by the Allahabad High Court. The report is however silent on the departmental action initiated against the delinquent public servants. After considering the entire material placed on record, the Commission vide proceedings dated 14.3.2016 directed as under : - "Let a notice be sent to the Chief Secretary, Govt. Of UP and the DGP, UP calling upon them to submit status of case Cr. No. 1356/2009 PS Sursa, Hardoi u/s 304 IPC and outcome of the departmental action initiated against all the public servants including the then District Magistrate, Supdt. Of Police, Circle Officer, Hardoi, Dr. Anil Kumar Srivastava and Dr. Shiv Kumar of the District Hospital within eight weeks." In response, SP (HR) in the office of DGP, UP has forwarded a copy of letter dated 18.4.2016 received from SP, CBCID, UP. According to the letter of SP, CBCID delinquent policemen have filed W.P. No. 4399/15 (M/B) in the High Court of Allahabad, Lucknow Bench. High Court has stayed their arrest till next date of hearing i.e. 20.4.2016. No response has been received from the Chief Secretary, UP. In this background, Chief Secretary, UP and DGP, UP are directed to submit status of Case Crime No. 1356/2009 PS Sursa, Hardoi u/s 304 IPC and outcome of departmental action initiated against all the public servants including the then DM, SP, Circle Officer, Hardoi, Dr. Anil Kumar Srivastava and Dr. Shiv Kumar of the District Hospital within eight weeks.
Action TakenAdditional Information Called for (Dated 7/13/2016 )
Status on 12/3/2016Response from concerned authority is awaited.
Status of the Complaint filed at the National Human Rights Commission.