Imprisonment On Mistaken Identity- Take Action For Release, Pay Him 3 Lakh & Take Action Against Police Personnel: NHRC To UP Govt

The National Human Rights Commission, NHRC India, having not received any response from the Government of Uttar Pradesh to its show-cause notice in the matter of the arrest and imprisonment of a person on mistaken identity, has recommended to the State of Uttar Pradesh (through its Chief Secretary) that action should be taken for the release of the victim with dignity and he should be paid Rs 3 lakh as relief for violation of his human rights.

Besides this, the National Human Rights Commission has directed the DGP, Uttar Pradesh to submit within four weeks a report in the action taken against the erring police personnel, who arrested the victim without varying his identity.

It may be noted that the Commission had registered the matter on basis of a complaint by the victim alleging that he was undergoing imprisonment for more than four years in place of one Julum Sharma in case no 347/2000 u/s 147/148/149/506/302 IPC. The police had failed to arrest the real culprit and had instead arrested the complainant.

The Commission on inquiry through its Investigation Division found that an FIR 347/2000 u/s 147/148/149/302/506/34 IPC was registered against 5 accused in District Azamgarh. The four accused persons were acquitted by the court in the year 2002. However, the complainant/victim was arrested in the case vide non-bailable warrant after 13 years of registration of FIR by the police posing complainant as Julum Sharma.

However, the police failed to establish how the complainant Singhasan Vishwakarma was the same as Julum Sharma.

"It was a clear case of negligence by the police," observed NHRC.

The Commission has observed that even the Judicial Officer also did not verify the true identity of the victim and sent him behind the bars.

Thus, the commission has also directed its registry to send a copy of its proceeding in the matter to the Chief Justice of Allahabad High Court for appropriate action.