Excelsior Correspondent
Srinagar, Jan 21: Terming the order of compensation passed by the erstwhile State Human Rights Commission (SHRC) as violative of principles of natural justice, High Court set aside the order by recording that the same has been passed without giving opportunity of being heard to the police.
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta set aside the order of compensation passed by the SHRC in the year 2008 in an alleged custodial torture case. The court while setting aside the same said the order of SHRC was passed without hearing the police officers against whom the allegations of torturing the victim-petitioner were made.
The court observed that the SHRC ordered the payment of Rs. 1 lakh as compensation, without issuing notice or hearing the alleged police officers, thereby violating the principles of natural justice. It, therefore, set aside the compensation award.
The court said that before imposing a penalty of one lakh, it was incumbent upon the Commission to summon the other parties and provide them adequate opportunity of being heard. The impugned order of the Commission is, therefore, in violation of the principle of natural justice and cannot sustain.
Brief facts of the case are that in the year 2006, the victim was brought to District Hospital, Rajouri in an injured condition. The person accompanying him leveled allegation of torture against the then SHO Police Station and some other unidentified police personnel of Police Station.
Upon preliminary investigation conducted by then DySP, Rajouri, it was found that the victim was arrested in FIR No. 71/2006 and was put to sustained interrogation to ascertain his involvement with militants and it was concluded that the case of torture alleged against the police officers was not proved and prepared the closure report to be submitted to competent Court of law.
The victim was not satisfied with the investigation conducted by the police against the police personnel and therefore, approached the Commission through the residents of Darhal alleging his torture at the hands of the police officers.
“The manner in which the investigation was conducted has been explained. It is submitted by the official respondents that the Investigating Officer did not find any truth in the allegations of the victim and thus recommended the closure of the case. The respondent-victim did not come forward to rebut the assertions made by the police”, the Court said.
“The Commission has, thus, failed to appreciate the matter in its true perspective and has, by an exparte order, imposed the penalty on the petitioners. The impugned order passed by the State Human Rights Commission is set aside”, Court concluded.
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