Gurgaon: Taking suo motu cognisance of allegations against police personnel in the Sohna crime branch unit, Haryana Human Rights Commission (HHRC) said police custody could not be “a licence for torture, cruelty or inhuman treatment”.The commission acted on observations made in a June 30 order by judicial magistrate first class Sohna Mandeep Singh in connection with an FIR registered on June 26 at Sadar police station under BNS and Arms Act provisions.According to the judicial order, the accused was not produced before court after his police remand expired. The investigating agency informed the magistrate that while being taken for recovery proceedings, he tried to flee and fell from a flyover, requiring him to be hospitalised.The magistrate had a video conference with the accused, who said he had not taken a fall but been wilfully injured by police while in custody. He also expressed fear for his life. After court hours, the magistrate visited the Civil Hospital and took his statement in the absence of the cops against whom allegations were raised.The man alleged that on June 29, he was taken to an open area inside the CIA police station in Sohna where several cops, including the CIA in-charge, were present. He was made to pick one of four folded slips of paper bearing the words “death”, “fracture”, “bullet injury” and “reward money”. After he chose the one marked “fracture”, he alleged he was blindfolded and made to lie down. His left leg was placed between two bricks and struck with a heavy object, causing a fracture.The accused claimed police took him to hospital after he lost consciousness due to pain. He was instructed to tell doctors that he had fallen off a flyover and threatened with dire consequences, including death, if he told the truth.The magistrate shifted the accused to judicial custody, stopped cops implicated from interacting with him, and ordered that the investigating officer be changed. Copies of the order were sent to HHRC and National Human Rights Commission (NHRC).HHRC chairperson Justice Lalit Batra said if the allegations were proved, they would reveal “an alarming case of custodial violence, abuse of authority and a serious assault on the rule of law”. He noted that the claims extended beyond physical assault to include deliberate infliction of grievous injuries, intimidation, and an attempt to interfere with the administration of justice.Justice Batra observed that being accused of an offence did not deprive a person of constitutional rights, and every individual was entitled to dignity, bodily integrity and protection of life. He added that the State bore a heightened duty of care towards every person in custody.The commission directed Haryana DGP to ensure the case be investigated by an officer not below the rank of inspector general of police (IGP) and submit a comprehensive report at least one week before the next hearing on Sept 24. It also ordered preservation of CCTV footage, lock-up recordings and other electronic evidence, while seeking the district medical board’s opinion on the cause of the injuries as well as the accused’s complete treatment records.HHRC said the report must also include the details of all police personnel involved in the custody, interrogation and transportation of the accused, along with information on any departmental or criminal proceedings initiated against them.
