The Kerala High Court has significantly opined that the information authority cannot shield the name of those officers who have been found guilty or were dismissed from service on charges of corruption or human rights violations.

Justice Raja Vijayaraghavan disposed of a petition filed by the State Public Information Officer of the Crime Records Bureau (Deputy Superintendent of Police, Thiruvananthapuram). The Information Officer had moved the High Court challenging an order of the State Information Commission (SIC) which required police to publish details of corrupt officers found guilty in a court of law or dismissed from service on charges of corruption and human rights violations.

Additionally, the SIC had also directed the information authorities to upload on the police website the names of the officers against whom charges of corruption or human rights violations were established after an investigation.

The Government Pleader, Mable C Kurian, appearing for the Police Information Authorities asserted that the Right to Information Act only required the publication of information relating to “organisational matters”. Any publication of other details would “demoralise the entire police force”, it was argued.

Further, the Government Pleader asserted that “a person against whom a finding of guilt has not been arrived at by a Court of law is presumed to be innocent and in that view of the matter, the State Commission was not justified in ordering the disclosure of the name.”

It was also argued that the details of those police officers against whom final report have been laid as would be protected from disclosure because it would amount to information that relates to personal information, the disclosure of which has no relationship to any public activity or interest under section 8(1)(j) of the RTI Act.

Standing Counsel for the SIC, M Ajay, and the original applicant for information, journalist Radhakrishnan R, submitted that the Right to Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India encompasses the right to impart and receive information. It was further argued that the information sought by the journalist was of corrupt officers in the police force and of those officers who had indulged in other violations.

Further, the standing counsel urged that the citizens have every right to receive information about the law enforcement officers and the manner in which the police department functions to initiate corrective measures, which is the essence of democracy.

After considering the submissions, the Court agreed with the SIC ultimately and held that the names of officers convicted on corruption or human rights violations such as wrongful confinement, sexual abuse, rape, and use of abusive language and were removed from services after a due process of inquiry would necessarily have to be published on the website.

“The petitioners will not be justified in shielding the names of such officers and will be bound to publish the same notwithstanding the fact that Section 4 does not oblige them to publish such information”, read the judgment. Section 4 lists information that a public authority is mandated to publish under provisions of the RTI Act.

Justice Raja Vijayaraghavan V clarified, however, that the details of officers against whom the offences had been established on investigation, but a conclusive finding has not been arrived at by a court of law need not be published.

The judgment may be read here: 

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TN custodial death report indicts police, hospital staff and jail authorities

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In the ongoing Budget Session, the Minister of State for Home Affairs, G. Kishan Reddy provided the Rajya Sabha with statistics on registered cases against police personnel regarding violation of human rights and atrocities against people in the country.

His written statement stated that the National Human Rights Commission (NHRC) registers cases for the alleged violation of human rights under the Protection of Human Rights Act, 1993. During the last three years, the Minister said that NHRC has recommended monetary relief of over twenty crores in 784 cases, disciplinary action in 48 cases and prosecution in one case, across all States/Union Territories.

Interestingly, the number of registered cases against police officials show a declining trend from 2017 to January 15, 2021 as under:

2017 to 2018: 26,391 cases

2018 to 2019: 28,342 cases

2019 to 2020: 17,229 cases

2020 to 15.01.2021: 11,130 cases

The figures from Uttar Pradesh exhibit the horrifying state of affairs with a staggering 15,426 cases registered in the year 2017 to 2018, followed by 16,414 cases in the year 2018 to 2019. The numbers see a dip in the next two years, but stand at a whopping 9,417 and 5,388 cases respectively. It has also been consistent in topping the list of cases registered by the NHRC.

In a bid to end custodial torture, which is a human rights violation by the Police, the Supreme Court of India last year, passed a detailed and specific order directing states and the centre to take concrete steps towards ensuring that every police station in the country and all investigating agencies have CCTV cameras in their premises. 

This landmark decision was delivered in the backdrop of the Punjab & Haryana High Court’s order which held that the petitioner’s son’s illegal detention by the Police was a violation of their Right to Life under Article 21 of the Constitution.

The report filed after the custodial torture and subsequent death of a father son duo in Tamil Nadu in 2020, revealed gory details of the brazen dereliction of duty by the police and callous behaviour of jail authorities. The Odisha Police had also come under sharp attack in November last year, after the alleged custodial torture and death cases in Puri, Birmitrapur and Pipili that also compelled the NHRC to intervene.

The answer may be read here: 

Related:

End Custodial Torture: SC’s new comprehensive directions on CCTVs in police stations
TN custodial death report indicts police, hospital staff and jail authorities
Disarray in Odisha over custodial violence cases

The post Over 11,000 cases registered against Police officers in 2020: Centre to Rajya Sabha appeared first on SabrangIndia.

A murder accused alleged she was sexually assaulted by five police officials for 10 days in Madhya Pradesh’s Rewa district. The 20-year-old accused the policemen in front of an additional district judge and a team of lawyers who had gone to inspect the Mangawan correctional home on October 10, said news reports.

The locked-up woman said she was raped by the Sub-Divisional Officer of Police (SDOP), the police station in-charge and three constables and then forced into silence. Moreover, a Time of India report said that a lady constable, who protested against the crime, was pulled up by her seniors. The woman is now in the custody of the police. The incident occurred between May 9 and May 21. However, the police claim the woman was arrested on May 21, nearly five days after the alleged murder.

After hearing the survivors account, the judge ordered a judicial inquiry into the matter and wrote to Rewa SP Rakesh Singh on October 14 seeking action against the cops. However, Singh denied receiving a letter from the court. He said the woman and her male friend were arrested on May 21 based on call details, mobile location and other evidence.

The crime-weapon was recovered from a septic tank in front of villagers on Thursday. The woman underwent a medical examination because she suffered a leg-injury. Her blood-stained weapons were recovered. Further, the mobile location of the woman was found to be around 20km from the police station till May 16.

The survivor had informed the prison warden about the sexual assault three months ago. However, the warden had not believed her.

Member of the October 10 inspection team, advocate Satish Mishra said, “Under Supreme Court orders, legal teams routinely visit female inmates in prison and submit reports. When we went on October 10, she said all this in front of the four of us — additional district judge, law officer of the district legal aid authority and two lawyers, including me.”

Mishra said that the woman was scared because the policemen had threatened to implicate her father in the murder case if she talked about the harassment.

Meanwhile, the President of Rewa district bar association Rajendra Pandey told the media that the woman’s statement was recorded by the judge and submitted to the district judge.

Related:

Women lawyers move SC against Madhya Pradesh HC ‘Rakhi for Bail’ order
UP: Teenage Dalit girl’s body found in paddy field, family suspect rape
Another Rape! 17-Year-Old Kidnapped, Gang-Raped For 22 Days: Odisha
15-yr-old Dalit ‘gangrape victim’ takes her own life: Chitrakoot, UP

The post Five MP cops allegedly sexually assault woman accused of murder appeared first on SabrangIndia.

Police officer Gagan Deep Singh, who had saved a young Muslim boy from being lynched by a Hindutva mob, is facing death threats and has gone underground. His family members are also facing death threats from local RSS and BJP leaders. The reason: he defended “indecent behaviour”.

The police inspector in Ramnagar, Uttarakhand shot to fame after saving a Muslim boy from a lynch mob which attacked him for being with his Hindu girlfriend on the premises of a temple. Gagan Deep Singh is now sent on leave, say his colleagues. His seniors in the police department are not protecting them. The Senior Superintendent of Police of Nainital district says that he would like to first provide counseling to him before thinking of any action against Gagan Deep Singh, as if it was his fault.

No action has been taken against the Hindutva goons who were engaged in lynching or the BJP leaders who continue hounding his family. Instead of giving him an award for his bravery, this government wants to fix this officer who has been in service for only 7 months now. We are living in the worst times of our lives. Hope this too shall pass!

Mr Singh earned a lot of fans after the video of him saving the couple went viral on social media. The mob was alleging love jihad by the Muslim youth when the police officer intervened and saved him. In the process, he received several blows on him, too.

The local BJP politicians are also angry with the inspector. “It is not right for the Muslims to bring Hindu girls to the temple,” BJP MLA Rakesh Nainwal is quoted as saying. “They know that it is a temple and it is a pious place.” Rajkumar Thukral, another BJP MLA, is quoted as saying that it was an attempt to hurt the Hindu community’s religious feelings. He questioned the act, saying when Hindus do not go to mosques knowing it is not a place for them, why the Muslims come to the temple.

This article was first published on Countercurrents.org.
 

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