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Allahabad HC awards 5 Lakh compensation to a youth who complained of brutal police torture [Read Judgment]

Ashok KM
21 Sep 2015 2:13 PM GMT
Allahabad HC awards 5 Lakh compensation to a youth who complained of brutal police torture [Read Judgment]
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Allahabad High Court, on Monday, awarded Rupees Five Lakh compensation to a youth who complained of  brutal police torture. “Awarding of compensation is demand of the situation, looking to the agony that a young man has to undergo”, a division bench of Justices V.K. Shukla and Arvind Kumar Mishra­ observed.

Gyanesh Rai, the petitioner, apparently was an aspirant to the post of Constable in ITBP and had qualified the physical test. While he was busy preparing for written examination,, he  was taken to the police station on the evening of 9th April, 2015   and in the name of carrying out interrogation, and was detained at police station uptil 16th April, 2015 and during this period,  he was allegedly subjected to brutal police torture by using third degree methods like electric shock, severe beating and insertion of aluminium wires through his mouth.

From the perusal of documentary evidence maintained at police station as well as from the medical evidence available on record, the Court found that he was illegally detained at the police station and in his body wire has been found from his body. “Once petitioner no.1 has been in police custody, then it was the obligation of police officials to explain, as to from where the wire has come in the body”, the court observed.

An incumbent in custody cannot be put to tremendous psychological pressure by cruel, inhuman and degrading treatment, and police officers should have greatest regard for personal liberty of citizens as they are the custodians of law and order and hence, they should not flout the law by stooping to bizarre act of lawlessness, the Court observed.

The Court while ordering the State Government to pay Rupees Five Lakhs compensation to Gyanesh Rai, also observed “His career to join I.T.B.P. has been withered away. Treatment meted to petitioner is purely inhuman, that has inflicted immense mental pain leading to sense of insecurity and helplessness in him.” The petitioners were also granted liberty to approach civil courts for additional compensation. Taking note of the fact that, no FIR has been lodged against the police officers involved in torture of the petitioner, the Court ordered the Superintendent of Police, Mau to  ensure that FIR is lodged against erring police incumbents and conduct a fair and transparent investigation.

Read the Judgment here.

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