Cop excess: NHRC asks SP for action against Boudh IIC

The National Human Rights Commission (NHRC) hearing a case of police excess against a couple of Sarsara village in Boudh district has directed the district Superintendant of Police (SP) to take appropriate action against Boudh police station Inspector-in-Charge Priti Manjari Garnaik within eight weeks.

Earlier, human rights activist Srikumar Mahanta had written to the NHRC alleging that a police team led by Boudh IIC raided Sarsara village in search of a man, belonging to Sampoach village in connection with a cattle lifting case. Finding the accused nowhere at the village the police picked up the couple Rabindra Mallick and Padmini Mallick in the suspicion that they might know about his whereabouts.

Garnaik allegedly brutally assaulted both of them in custody. While Padmini’s’ condition became critical, police admitted her to the District Headquarters Hospital.

Mahanta had stated to the NHRC that it is a clear violation of human rights under Article 14, 19(1) (a), 21 and 22 of the Constitution. Police have got no right to torture any citizen even if he is found to be an accused. The IIC violated Section 41 of the CrPC Amendment Act 2008(05 of 2009), which was brought into force on 01.11.10 vide SO 2687(E) dated 30.10.10.

The IIC also violated the direction of the Supreme Court related to the arrest, detention and interrogation of any person, in DK Basu vs State of West Bengal 1997 AIR 1997 SC 610. The victim Rabindra and his wife Padmini were deprived of their fundamental right as per Article 14, 19(1) (a), 21 and 22 of the Constitution.

He was also urged NHRC to direct the State Chief Secretary to conduct a judicial inquiry related to the police atrocity in this incident and send the action taken report to the Home Ministry and NHRC within 30 days.