NHRC issues notice to Delhi police chief over alleged suicide of accused in custody

NHRC has sent a notice to Commissioner of Police, Delhi seeking explanation and evidence of suicide of 40-year-old rape accused in police custody. The police commissioner has reportedly stated that the CCTV camera footage has been preserved and the guard on duty was on suspension. NHRC argue " Right to life" violation of the deceased.

New Delhi: The National Human Rights Commission took suo-motu cognizance of the alleged suicide of 40 years old rape accused in police custody and directed issuance of notice to the Commissioner of Police, Delhi calling for a detailed report in the matter within two weeks. The Commission has noticed that this case of custodial death has not been reported by the authorities within 24 hours of its occurrence, the authorities are expected to explain the reasons.

All the reports, including the inquest and the post-mortem examination reports accompanying video CDs and medical report, of the deceased before being lodged in the lockup need to be forwarded to the Commission. The Commission also sought the details of the persons, who were put in the lockup in both the police stations for any reason, during the period the accused was lodged. It is expected that the magisterial inquiry in the matter will be completed without any further delay.

According to the media report, the deceased was out on parole after being convicted in a case of robbery, murder and rape. The 40-year-old man allegedly raped a 14-year-old girl in an outer Delhi locality on 19th September 2020 and died allegedly by suicide hours later after being arrested for rape of the minor.

It is also mentioned in the news report that the family members of the deceased saw policemen beating him in the police station. The Deputy Commissioner of Police, outer North District, Delhi, has stated that the deceased was accused, convicted for robbery, murder and sexual assault of a 10 years old boy. The deceased was released on parole on 02.02.2020 and later, his parole period was extended due to pandemic.

Read:Six UP policemen suspended for custodial death

Also, the news report states that the single mother of the rape victim was not at home when the incident took place. The deceased was arrested on the allegations of rape under POCSO Act and was kept in police custody. The nephew of the deceased has reportedly stated that when he reached the Swarup Nagar police station, he saw a group of policemen beating his uncle.

The next day, the family was informed about the incident of the man hanging himself at Samaypur Badli police station. The Deputy Commissioner of Police has reportedly stated that the CCTV camera footage has been preserved and the guard on duty was on suspension.

The police personnel have apparently failed to do their lawful duty at two stages, first when a person with a history of committing crimes was out on parole; it was expected from the local police station to keep an eye on his activities through Beat Constable and other sources. Secondly, when such a person was kept in the police lock-up, it was normal to be more vigilant to keep a check on him during his stay inside the lock-up.

The deceased was in the lawful custody of the police. “Right to life” of the deceased has been violated and the state cannot escape its liability. This is a case of violation of human rights.

Apart from this, considering the trauma suffered by the poor victim who is a minor girl, the Chief Secretary, Government of NCT of Delhi is directed to inform about her health condition as well as the relief, rehabilitation and counselling provided to her by the administration.