Illegal detention — NHRC tells Orissa Govt to compensate minor

NEW DELHI, APRIL 10: The National Human Rights Commission (NHRC) has directed the Orissa Government to pay Rs 50,000 as immediate interim ...

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NEW DELHI, APRIL 10: The National Human Rights Commission (NHRC) has directed the Orissa Government to pay Rs 50,000 as immediate interim relief to a minor who was illegally detained and tortured by the state police in lock-up and asked it to initiate CID inquiry against the erring police officials.

The NHRC also asked the state government to initiate appropriate disciplinary proceedings against the then suprintendent of police of Phulbani who had sent a report on the matter for “exhibiting his total lack of sensitivity towards the human rights problems of the citizenary.”

NHRC sources told newsmen here that the Commission gave these directions, taking cognizance of a complaint received from Jaya Kumar Sahu, aged 16, that he was arrested by the officer incharge of Phulbani Sadar police station, under the Orissa Mineral Prevention of Theft Smuggling Act for theft of Rs 22,500, one gold chain, two silver coins and one gold ring.

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He was put into the lock-up from May 12 to May 15, 1995 where the police officer allegedly beat him up and abused him. The SI also coerced him to make some confessions regarding recovery of some stones and obtained his signatures on a blank piece of paper, the complaint stated.

Even after he was produced before the court, instead of sending him to a juvenile home, he was remanded to judicial custody and sent to a regular prison. As a result of beating he had received in the police lock up he started having blood and pus discharge with urine, Sahu said and alleged that during his stay at prison one convict even tried to sodomise him.

In response to the NHRC notice to the Director General of Police Orissa, a report was sent by the SP Phulbani stating that Sahu along with another peron Kanha Patra was intercepted by the then SI B P Mohapatra and ASI A Swain and on their search 13 white gemstones and 146 small gemstones were recovered. A case was registered by the police officer incharge R D Nayak and after investigation a chargesheet was filed against the duo for the said offences.

Regarding the allegations of beating the report stated that explanation was called from Nayak for detaining Sahu and Kanha Patra beyond 24 hrs as the FIR showed that they were intercepted on May 12 and handed over to him on that day itself with the seized articles but they were produced before the court on may 15.

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“SI R D Nayak said that he detained the two for interrogation at the police station as the above persons were courier of diamond. Interrogation was likely to reveal the names of the real owners of diamond cartel. When they did not disclose the names, they were arrested on May 14 at 2200 hrs and forwarded them to the court next day. As the explanation was not satisfactory, the SI was censured.”

About the allegations about removal of cash of Rs 22,500, gold chain and ring from Sahu they were seized without seizure list from him by inspector B P Mohapatra and not by SI Nayak. “Inspecter B P Mohapatra could not be confronted with Sahu since Mohapatra has been transferred to Vigilance Department and is working under SP Vigilance,” the report stated.

The report further claimed that the incident was given wide publicity by the organised smugglers who had suffered heavy loss due to seizures made from the duo so the SP was not inclined to put much weight on the versions of Sahu and his father.