Human Rights Commission Recommends 2.5 Lakh Compensation To Lawyer Assaulted By Nagpur Police; Periodic Sensitization Workshops

The Maharashtra State Human Rights Commission (MSHRC) has recommended periodic sensitization workshops for police personnel owning to the alarming rise in violent encounters especially involving members of the legal fraternity.

Member MA Sayeed recommended the guilty officers to pay Rs. 2.5 lakh to Nagpur based Advocate Anikta Shah Makheja and her husband Nilesh for an incident of assault at Lakadganj police station in 2020 when she tried to complain against her neighbor for pelting stones on a dog.

The member stressed on the need of developing a sense of responsibility and courtesy while dealing with citizens.

“With an alarming rise in such incidence at the police station involving members of the legal fraternity director General of Police, state of Maharashtra Mumbai to initiate seminars periodically at all Commissionerate / divisions for sensitization of the police force in Maharashtra state and focus on developing a sense of responsibility, courtesy in dealing with citizens, victims who look at them as protectors of law.”

The MSHRC cited the full bench judgement of the Madras High Court to state that its recommendations under section 18 of the Protection of Human Rights Act, 1993 is binding on the Government or Authority and must be complied.

Advocate Rizwan Siddiqueee appeared for the complainants. He argued that on the night of March 25, 202 instead of registering the petitioner’s complaint, police officials illegally detained her subjected her to physical and mental torture and harassment and subsequently also physically abused the couple.

In a report submitted on 24th October 2020, the Commissioner of Police Nagpur admitted the occurrence of the incident and also informed about the disciplinary action was taken against the police officials.

A video recording of the incident was submitted and played during the proceedings.

In response the police officials PI Navnath Hiware, PSI Bhavesh Kaware, WPC Madhuri Khobragade & WPC Chetan Bisen took the defence of the rule of ‘double jeopardy’ under section 300 of the CrPC. They claimed that the complaint should be dismissed as they could not be punished twice.

MSHRC however distinguished between a department inquiry and a criminal prosecution. While the crime is violation of the law a departmental enquiry is maintenance of discipline, it said. The member relied on the case of Imran Khan Sardar Khan.

The MHRC held that the “dignity and honor of the complainants were breached” by the police action and questioned the police commissioner of Nagpur for failing to initiate criminal prosecution against the officers.

“After having discussed the legal proposition and detail and applying it to the facts at hand there would not be any impediment in holding that the victim’s fundamental rights to live with dignity has been blatantly violated by none other than the guardian of the law coupled with other glaring lapses.”

Accordingly, the member recommended to the IG police to direct the four officers to compensate the complainant by paying 2.5 lakh within six weeks and conducting the sensitization workshops.

He further granted the complainant liberty to launch prosecution against the earring officials under section 154 of the CrPC or by directly approaching the Court of Justice under 190 of this CrPC.

Case No- 2529/13/17/2020

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