NHRC recommends payment of Rs 1L each to victims of 'custodial torture' in Delhi

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New Delhi, Feb 23 (PTI) The National Human Rights Commission has recommended that the Union Ministry of Home Affairs pay Rs 1 lakh each to two victims in a case of 'custodial torture' by Delhi police personnel, officials said on Tuesday.

Earlier, the NHRC did not accept the plea taken by the Delhi Police in reply to its show cause notice, that since the matter is sub judice, hence, departmental action 'cannot be taken against the police personnel concerned'.

'The NHRC, in a case of custodial torture by police in Delhi, has recommended that the Union Ministry of Home Affairs pay Rs 1 lakh each to the two victims,' the rights panel said in a statement.

It has also called for the report of departmental action taken against the 'six erring police officials', who are facing a trial before the court of an additional sessions judge at Rohini. 'They include one inspector - SHO, ASI, HC, HV, and two constables,' the statement said.

Terming the Delhi Police's plea as 'fallacious', the Commission observed that 'it is unsatisfactory and does not inspire confidence'.

The Commission was convinced that from the material on record, prima facie it is established that the complainant and his nephew were given 'third degree torture'. They were assaulted by the police personnel, as named in the FIR, and are now facing trial before the court, the statement said.

Hence, in these circumstances, the Commission recommended payment of Rs 1 lakh to the two victims of police torture, as per the Section 18 (a) (i) of Protection of Human Rights Act, it added.

The Commission had earlier held that since the police officials 'failed to act' as responsible public servants, therefore, departmental proceedings against them should also be initiated, and they should be punished accordingly, the statement said.

The 'State is vicariously liable' for the action of public servant, police officials and hence the victims are entitled for compensation it said. PTI KND RDM RDM