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| Kala Kacha gang returns to haunt | | NHRC derides J&K govt’s disclaimer over custodial killing | |
SUMIT SHARMA
Early Times Report
JAMMU, Feb 23: Amid ongoing date of birth fudging controversy, ghost of Kala Kacha gang has seemingly returned to haunt Jammu and Kashmir police (JKP) with National Human Rights Commission directing the government to pay Rs. 5 lakh as compensation over the custodial death of a Riskhaw Pullar.
The commission has over-ruled J&K government’s plea that NHRC does not have jurisdiction to give recommendations in a case of death in the state due to police atrocity. It has in its strict order, copy of which is with Early Times, stated that since the recommendations do not interfere with any of the heads of legislation, J&K govt has no right to denounce its judgment in a case of custodial killing.
In the wake of this observation of NHRC, Jammu and Kashmir government has no other option but to pay compensation to next of kin of deceased rickshaw puller Mohan Lal as recommended by it in its proceeding Dated August 19, 2009. Commission has asked for a compliance report along with proof of payment from the J&K government within six weeks from the day copy of order is made available to it.
Mohan Lal, a poor rickshaw puller was arrested by police on the suspicion of being a member of then notorious Kala Kacha gang. He was suspected of being involved in some burglaries which had taken place at Jammu. On June 21, 2003, he was picked up by Jammu Police from Amritsar and brought to Jammu for interrogation.
Though the then police officers interrogating him in Gangyal Police station alleged that he swallowed a lizard under custody which became the cause of his death but later the medical evidence indicated that he had been subjected to third degree torture. Ultimately, he died in District Police Lines Hospital, Jammu on July 2, 2003.
To hush up the matter, police allegedly greased the palm of his wife but the incident was brought to the notice of the Commission by Director Asian Centre for Human Rights (ACHR) Suhas Chakma,. On the consideration of various reports, Commission recommended government of Jammu & Kashmir to pay Rs. 5 Lakh as monetary relief to the next of kin of the victim. But the State Government did not send compliance report and proof of payment.
Pursuant to the notice and reminders issued by the commission, government of Jammu and Kashmir stated that it failed to release amount due to statutory limitation in exercising its jurisdiction in the instant case. However, Commission said that it was unable to accept contention raised by state since List-II of the Seventh Schedule contains the Heads of Legislation in respect of which the state legislature can make Legislation.
NHRC said that order passed by it was not regarding violation of human rights, if any, arising out of any legislation made by the state in respect of any of the entries in List II. As the facts stated above, NHRC said that Mohan Lal son of Pheru Ram, a rickshaw-puller, who was taken into custody was allegedly tortured and killed.
NHRC contended that acts alleged were not in discharge of maintaining any public order and there was no case registered against him. It added that it was not as a part of any investigation also but clear case where police tortured a person and killed him. On these counts, NHRC said that it does not come under any of the powers of legislation of the state legislature in respect of any of the entries mentioned in List II of the state list
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