Human rights panel orders probe into alleged ‘custodial torture’ in Sohna

The Haryana Human Rights Commission (HHRC) on Thursday took suo motu cognisance of allegations of custodial violence in Gurugram’s Sohna observing that “police custody cannot become a means of torture” as it directed the Haryana director general of police (DGP) to have the matter investigated by an officer not below the rank of inspector general of police (IGP)

The Haryana Human Rights Commission (HHRC) on Thursday took suo motu cognisance of allegations of custodial violence in Gurugram’s Sohna observing that “police custody cannot become a means of torture” as it directed the Haryana director general of police (DGP) to have the matter investigated by an officer not below the rank of inspector general of police (IGP).

The matter in question concerns a suspect who was in police custody and was due to be produced before the court after the expiry of his remand.

The commission’s intervention follows a June 30 judicial order by Sohna judicial magistrate first class Mandeep Singh in connection with an FIR registered on June 26 at Sohna Sadar police station under various provisions of the Bharatiya Nyaya Sanhita (BNS) and the Arms Act.

The matter in question concerns a suspect who was in police custody and was due to be produced before the court after the expiry of his remand. Instead of producing him physically, police officials informed the court that he had sustained injuries while being taken for recovery proceedings. According to the police, the accused attempted to escape by jumping from a flyover and suffered fractures after falling.

However, when he was produced before the court through video conferencing from a hospital, he alleged that police officials had deliberately fractured his left leg in custody and threatened him with “dire consequences” if he disclosed the truth to doctors or the court.

Given the gravity of the allegations, the magistrate personally visited the Civil Hospital, Gurugram, after court hours to record the suspect’s statement in the absence of the concerned police officials.

Justice Lalit Batra, chairperson of the Haryana Human Rights Commission, observed that if the allegations are found to be true through an independent inquiry, they would constitute “an alarming case of custodial violence, abuse of authority and a serious assault on the rule of law.”

“Merely because a person is accused of an offence does not deprive him of the constitutional guarantees available under law. Police custody may be a means of lawful interrogation, but it can never become a licence for torture, cruelty or inhuman treatment,” Justice Batra said in the commission’s order.

According to the magistrate’s order, the suspect further alleged that he was taken to the CIA police station in Sohna, where officers forced him to pick one of four folded slips bearing the words “Death”, “Fracture”, “Bullet Injury” and “Reward Money”.

After he allegedly picked the slip marked “Fracture”, he claimed he was blindfolded, his leg placed between two bricks and struck repeatedly with a blunt object, causing a fracture. He also alleged that police instructed him to falsely tell doctors and the court that he had been injured after falling from a bridge.

While noting that these allegations are yet to be established, HHRC held they were grave enough to warrant an independent probe.

It directed the DGP to submit a comprehensive factual report, including the findings of the medical board, medico-legal records, X-ray and CT scan reports, treatment records, details of all police officials involved in the accused’s custody, and particulars of any departmental or criminal proceedings initiated in the matter.

HHRC also directed the Gurugram commissioner of police to immediately preserve all CCTV footage, lock-up recordings and other digital evidence from the CIA Police Station, Sohna, for June 29 and June 30, observing that the footage must neither be erased nor overwritten and should be produced before the commission. The chief medical officer has been directed to submit the medical board’s report along with all diagnostic records.

The matter has been listed before the full commission on September 24 in view of the seriousness of the allegations and the need for an independent and impartial inquiry.

A Gurugram Police spokesperson said the department has taken note of the commission’s directions and will fully comply with its orders. The spokesperson added that the police would cooperate with the inquiry and submit all reports and evidence within the stipulated timeframe.