Law Student Allegedly Beaten Up In Police Custody: MP High Court Orders Probe By State Human Rights Commissions

The Madhya Pradesh High Court has ordered the State Human Rights Commission to probe the case of a law student who was allegedly beaten up in police custody after being lifted from his sister's house on the pretext that he was needed for some investigation in a murder case.

Pirma facie finding it to be a case of human rights violation, the bench of Justice Vivek Agarwal asked the Commission to complete its investigation within three months. 

Essentially, the bench was hearing a writ plea filed by a 62-year-old man who submitted that his son, a law student was beaten up in police custody and only after he gave a bribe of Rs. 2 lakh, his son was released by the concerned police officer. 

The Court was also informed that during the relevant period when his son was in police custody, the CCTV Cameras were not working at the police station in violation of the Supreme Court's order in the case of Paramvir Singh Saini Vs. Baljit Singh and others, (2021) 1 SCC 184.

When asked about the non-functioning of the CCTV during the relevant period, the state's counsel submitted that the camera was not working since February 25, 2022, however, he could not specify the steps taken to get the camera repaired immediately on 25/2/2022 and why it could not be repaired upto 02/03/2022, the period during which there are serious allegations of brutality attributed to the police officers.

In view of this, finding that prima facie it was a case of violation of human rights, the Court remarked thus:

"Police personnel are behaving irrationally against the oath of allegiance towards the constitution and the constitutional values. CCTV camera is not being maintained properly so to cover up the lapses on the part of the police personnel and cover up the allegations of brutality and bribery."

Further, the Court directed the M.P. Human Rights Commission to complete its investigation within three months and asked it to direct the state government to compensate the victim if it found that the allegations are correct.

"This exercise will be in addition to the matter reported by the petitioner to the Lokayukta against respondent No.5 who will be acting independently only in regard to the allegations of demand of bribe and acceptance of a bribe by respondents No.5 and 6," the Court clarified as it disposed of the plea. 

Case title - Tribhuvan Nath Mishra vs The State Of Madhya Pradesh

Case Citation: 2022 LiveLaw (MP) 235

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