The present matter pertains to allegations of torture and illegal detention etc. by Jharkhand police. In continuation of earlier proceedings vide proceedings dated 31.08.2021 this Commission has observed/directed as under:- “The case pertains to abuse of power by the police and illegal detention. It is alleged by the complainant that he was picked up by the local police and tortured in the police custody for five days. While considering the matter on 22.2.2021, the Commission, after considering a letter dated 24-11-2020 from the Department of Home, State of Jharkhand wherein a request for review of the order of award of compensation was made, held that no tenable ground for review of the award of compensation is made out. It is admitted fact that summoning and confinement of the victim at the police station was illegal in the absence of any GD entry or any other valid record, for which disciplinary proceedings were initiated and the SHO was awarded punishment by the disciplinary authority. There was dereliction of duty on the part of erring police official by not forwarding the victim for mandatory medical examination. It is also a fact that the victim had some injuries on his person, though it is disputed whether the injuries were sustained during confinement as alleged by the complainant or he was already injured when brought to the police station as per the police version. Be that as it may, there is no dispute to the fact that the victim was unauthorizedly summoned and illegally confined in the police station as no corresponding entries have been recorded therein. The request for review of the award of compensation is therefore rejected. The Chief Secretary is directed to comply with the direction of this commission to pay a compensation of Rs.1,00,000/- to the victim within further 4 weeks and submit compliance report / proof of payment accordingly. Vide proceeding dated 20.7.2021, the Commission observed and directed as under- "The Commission observes that despite direction and reminders, the compliance report is still awaited. Taking serious view of the non responsive attitude of the Chief Secretary, Government of Jharkhand, the Commission directs its Registry to issue summons to him, u/s 13 of the Protection of Human Rights Act, 1993 to appear before the Commission on13.9.2021 along with requisite reports. Should however the requisite reports be received by the Commission on or before 6-9-2021, his personal appearance shall stand dispensed with". Pursuance thereto, vide a communication dated 14.8.2021, the Joint Secretary, Home, Prison and Disaster Management, Govt. of Jharkhand has submitted a request for exemption from personal appearance of the Chief secretary , Govt. of Jharkhand before the Commission on 13.9.2021, on ground that action on the recommendation of the Commission for payment of monetary compensation to the victim is under process. The Commission has considered the request and in view of fact that an action for payment of compensation to the victim, as per recommendation of the Commission, is under process so the Chief Secretary, Govt. of Jharkhand is exempted from personal appearance before the Commission on 13.9.2021 subject to the condition that compliance report and proof of payment would be submitted by the State Govt. within four weeks from date of the instant direction.” Pursuant to same various communications are received including a report dated 01.09.2021 of Joint Secretary to the Government regarding the sanction of Rs.1,00,000/- as compensation to the victim. In view of same this Commission deems it fit to call complainant comments in the matter. Let copy of these reports received be sent to complainant for his comments within four weeks. Furthermore this Commission also deems it fit to call further report from Chief Secretary, Govt. of Jharkhand regarding the actual payment of the sanctioned amount to the victim. Response within eight weeks.
