NHRC Recommends Rs. 1 Lakh Fine Against Delinquent Police Officer For Making Illegal Arrest

The National Human Rights Commission has issued a Show Cause notice u/s 18 of the PHR Act, 1993 to the Commissioner of Police, Delhi, as to why Commission should not recommend compensation of Rs. 1,00,000/- (Rs One Lakh Only) to the complainant in the case. The Commission has further directed Commissioner of Police, Delhi to initiate departmental action against the Investigating Officer for not following the Supreme Court guidelines as held in Youth Bar Association of India, DK Basu case etc., and submit action taken report within 6 weeks. 

In its order, NHRC has noted that the Investigating Officer (IO) has failed to provide a copy of FIR to the accused and his advocate, provided wrong information about the details of the courtroom where the accused was about to be produced and details of FIR. Hence, the order notes, there is a "violation of the Supreme Court guidelines as held in Youth Bar Association of India vs. Union of India which aimed at safeguarding the interests of accused persons, promoting transparency and curb unjust, and arbitrariness."

The complainant in his complaint filed through Adv Kumar Piyush Pushkar had alleged that the police arrested him without disclosing the offence or providing any copy of FIR; that he was not allowed to take proper legal recourse as the accused was misguided and given wrong information about the FIR No and the place where the complainant was kept to the complainant's advocate and family members. The complainant alleged that as a result of these actions, he ended up spending 8 days in policy custody. 

Keeping in view these allegations, the Commission notes that: 

"The IO kept in dark not only the accused, but his relatives and advocate about the grounds of arrest, details of FIR, investigation, place of production of accused, etc., hence violating of the human rights of the accused person.Therefore, the Commission issues Show Cause notice u/s 18 of the PHR Act, 1993 to the Commissioner of Police, Delhi, as to why Commission should not recommend a compensation of Rs. 1,00,000/- (Rs One Lakh Only) to the complainant... within 6 weeks. The Commissioner of Police, Delhi is further directed to the initiate departmental action against the Investigating Officer for not following the Supreme Court guidelines as held in Youth Bar Association of India, DK Basu case etc. and submit action taken report within four weeks."

Case/ File No:3855/30/8/2020

Read/ Download a copy of the order here