Telangana High Court Issues Notice To State Human Rights Commission On Plea Challenging Closure Of Proceedings In 2005 Custodial Torture Case

The Telangana High Court has issued notice to the State Human Rights Commission (SHRC) on a petition challenging closure of an application seeking compensation of Rs 5 Lakh for alleged illegal detention and torture of a man by Golconda Police Station in 2005. The victim died in June 2008 as he could not recover from the injuries caused by the police, as per his wife. 

The division bench of Acting Chief Justice Abhinand Kumar Shavili and Justice N. Rajeshwar Rao on July 18 heard the plea filed by victim's wife who argued that Secretary of the SHRC arbitrarly closed the proceedings in the matter. 

Advocate M Saroj Reddy, representing the petitioner, contended that the Secretary of the Commission has no powers to hear or dispose of the enquiries. "As per sections 13, 18, 17 r/w 29 of the Protection of Human Rights Act, 1993, it is only the Commissioner of the HRC that has the power to hold enquiry and submit findings thereof," the counsel argued.

According to the woman's petition, seven persons barged into their house in 2005 to arrest her husband in an alleged crime relating to purchase of stolen gold. Despite the husband of the petitioner denying all allegations repeatedly, he was allegedly taken away from his house. The petitioner later found out that six out of the seven persons who had entered her house were police officials from Golconda Police Station. One of them was a sub inspector, two of them were constables and another one was a female constable.

The daughter of the petitioner is later stated to have received a call from the police station asking her to come and take her father from the police station. When she reached the police station, she found her father badly beaten up and in an unconscious state.

According to the petition, the High Court of Andhra Pradesh - the State was yet to be bifurcated then, in 2005 took suo moto cognizance of the alleged brutality on the basis of newspaper articles. The court suspended the sub inspector and a sum of Rs 10000 was awarded to the victim as interim compensation The court also asked him to approach the appropriate forum for further relief. The petitioner's husband approached the commission as per the orders of the High Court in 2005.

During the pendency of the proceedings before the SHRC, the husband of the petitioner passed away in 2008. The petitioner contended that her husband could never recover from the injuries he had sustained due to police brutality which made him incapable of performing basic cognitive functions like eating food.

As the posts of chairman and members of the commission remained vacant, the matter could not be taken up. In 2018, while the petitioner was waiting for notice of appearance the Commission, the Secretary of the SHRC closed the proceeding stating that in view of the verdict of high court in 2005, "proper course for the petitioner is to invoke the jurisdiction of competent court and that the intervention of the commission is not called for".

Title: Smt Kalavathi v. State of Telangana