Asian Centre for Human Rights

Subject: Complaint against the custodial death of senior citizen, Shiv Charan at the Samalkha police station under Panipat district of Haryana on the night of 5 December 2003.

Dear Justice Anand,

I am writing to seek urgent action against the custodial death of senior citizen, Shiv Charan at the Samalkha police station under Panipat district of Haryana on the night of 5 December 2003.

The 60-year-old, Shiv Charan was allegedly picked up by the police on alleged charges of smuggling narcotics on specific information. Within few hours after the police took him away, his dead body, ostensibly after killing him in illegal police custody, was dumped near the village school. The victim has no past criminal records.

A post-mortem was supposed to have been done by a panel of doctors of the Pandit Bhagwat Dayal Sharma Postgraduate Institute of Medical Sciences, Rohtak.

I shall be grateful if the National Human Rights Commission could kindly intervene against the custodial death of Shiv Charan by taking the following measures:

- Order an inquiry by the investigation wing of the NHRC into the custodial death of Shiv Charan;

- Direct the State government of Haryana to suspend all the police personnel who are responsible for the custodial death of Shiv Charan, with immediate effect;

- Direct the State government of Haryana to pay an interim compensation of Rs 500,000 (five lakhs) to the family of Shiv Charan within six weeks from the issue of notice by the NHRC and that the same be recovered from the guilty police personnel;

- Direct the State government of Haryana to submit the post mortem report to the NHRC;

- Establish a legal cell within the NHRC for prosecution of the culprits responsible for custodial death;

- Direct the Government of India to ratify the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and

- Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director