CHANDIGARH: The Haryana Human Rights Commission (HHRC) has taken suo motu cognisance of alleged custodial torture of an accused in Sohna, Gurgaon, directing the director general of police to ensure an independent inquiry by an officer not below the rank of inspector general of police (IGP) and observing that police custody “cannot become a means of torture”.Chairperson Justice Lalit Batra said that if the allegations recorded in a judicial order are found to be true, they would amount to a grave case of custodial violence, abuse of authority and violation of the rule of law.The Commission has sought a comprehensive factual report before the next hearing on September 24.The Commission acted on a June 30 order of the Judicial Magistrate First Class, Sohna, in an Arms Act and Bharatiya Nyaya Sanhita case, which recorded allegations that the accused suffered a fractured leg while in police custody and that police attempted to pass off the injuries as the result of a fall from a flyover.According to the judicial order, the accused, who was produced before the court through video conferencing from a hospital, alleged that police officials intentionally fractured his left leg inside the CIA police station after forcing him to pick one of four folded slips marked “Death”, “Fracture”, “Bullet Injury” and “Reward Money”.He further claimed he was threatened with dire consequences if he disclosed the alleged assault to doctors or the court.Taking note of the seriousness of the allegations, the Judicial Magistrate had ordered the accused’s transfer to judicial custody, barred the concerned police officials from interacting with him, directed a change of investigating officer, constituted a medical board and ordered preservation of CCTV footage, lock-up recordings, DVRs and other electronic evidence.The HHRC has directed the Gurgaon police commissioner to preserve CCTV footage of the CIA police station for June 29 and 30 and submit copies to the Commission.It has also sought the Medical Board’s report, medico-legal records, treatment documents and details of all officers involved in the accused’s custody.The Commission observed that every person, including an accused, is entitled to dignity, bodily integrity and constitutional protection, and that custodial violence strikes at the heart of human rights and the rule of law.
