annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 Delhi<br />
accused policemen were booked <strong>for</strong><br />
murder, but were never arrested. Though<br />
the police claimed they were under<br />
detention, they roamed freely. Kumar’s<br />
autopsy was inconclusive and the police<br />
officials stated that they would arrest the<br />
accused only if the viscera <strong>report</strong>, which<br />
was awaited, suggested that Kumar died<br />
because of the beating - a clear departure<br />
from the normal practice. 7<br />
In 2004, a few police personnel were<br />
punished <strong>for</strong> violation of the right to life in<br />
police custody. On 15 July 2004, the Court<br />
of Additional Sessions Judge sentenced a<br />
Delhi Police constable Anil Kumar to life<br />
imprisonment and the three other convicts<br />
- SHO Rajender Singh Dhaiya, Sub<br />
Inspector Sher Singh and one Manoharlal<br />
Narang to five years rigorous<br />
imprisonment in connection with the<br />
custodial death of one Jagannath at Lahori<br />
Gate police station on the night of 1 and 2<br />
May 1991. The deceased was allegedly<br />
picked up by the accused policemen <strong>for</strong><br />
questioning and mercilessly beaten up in<br />
custody that led to his death at St. Stephen<br />
Hospital. 8 In another judgement in June<br />
2004 on custodial death of an autorickshaw<br />
driver, the Delhi High Court held<br />
the Delhi police guilty of violating the<br />
Supreme Court guidelines to be followed<br />
while arresting a person and imposed a<br />
fine of Rs 5 lakh. 9<br />
In 2004, there were many incidents of<br />
custodial death and arbitrary, summary<br />
and extrajudicial deprivation of the right to<br />
life.<br />
On 16 January 2004, one Lacho Devi,<br />
50, a homeless disabled woman was<br />
allegedly beaten up by a Delhi police head<br />
constable, Kishanpal near Cannaught<br />
place’s Super Bazar. According to<br />
eyewitnesses, head constable Kishanpal<br />
kicked Lacho Devi’s wheelchair, dragged<br />
her out of it and threw her on the ground.<br />
She was grievously injured. The<br />
policeman was shooing away the homeless<br />
on the road and shouted at the old woman<br />
who could not push her wheel chair<br />
because of her disability. The policeman<br />
instead of rushing the victim to hospital<br />
left her on the road writhing in pain.<br />
Finally, the victim died at Lady Hardinge<br />
(MLC. number 2599/04) on 19 January<br />
2004 of suspected septicemia. 10 The<br />
eyewitnesses Ramesh and Nilo Devi who<br />
were homeless themselves - claimed that<br />
the New Delhi district police paid Rs<br />
6,000 to them on 25 January 2004 in the<br />
mortuary of the Lady Hardinge Hospital in<br />
an attempt to silence them and influence<br />
the investigation in favour of the accused<br />
policeman. On 25 January 2004, the area<br />
sub-divisional magistrate, I D Pandey,<br />
summoned the two eyewitnesses and got<br />
their statements recorded and<br />
consequently doctors conducted a postmortem<br />
in the hospital. 11<br />
At around 11 a.m. on 25 February<br />
2004, two army jawans Naik Sauri Raj of<br />
Trichy in Tamil Nadu, and Sepoy Suresh G<br />
from Chitoor in Andhra Pradesh along<br />
with some other passengers at New Delhi<br />
railway station <strong>report</strong>edly beaten to death a<br />
man accused of trying to steal the<br />
belongings of the two jawans. The army<br />
53