Mr. Justice A S Anand
Chairman
National Human Rights Commission
Sardar Patel Bhawan
Parliament Street
New Delhi-110001

Subject: Complaint against brutally beating of juvenile Samran Desai (16) at Mahim police station in Mumbai, Maharashtra on 10 November 2003.

Dear Justice Anand,

I am writing to seek immediate intervention of the National Human Rights Commission against the brutal torture of juvenile, one Samran Desai (16 years) at Mahim police station, Mumbai, Maharashtra on 10 November 2003. Please find attached a copy of the press clipping of The Asian Age of 13 November with the photograph of injured Samran Desai.

According to the press report, on 10 November 2003, Samran Desai was taken to the Mahim police station by constable Chandrakant Patil for recording his statements on a complaint filed by a local hotelier, Ms Mohini Shetty alleging that that Samran Desai had made scratches on her car and that her sister was an eyewitness to act. After reaching the police station, Samran Desai was taken to the back room of an inspector's cabin for interrogation. The policemen, whose names Samran could not read because he was too scared, slapped him to confess that he had made the scratch marks on Mohini Shetty's car. When he did not do so, the policemen brutally beaten him with their batons till he fell unconscious. He was tortured to this extent to extract a signed confession statement.

Mr Deepak Desai, father of Samran Desai was allowed to meet his son only after long persuasions. He came back crying, as he could not bear to see Samran's swollen hands and face.

I shall be grateful if the NHRC could kindly intervene against the brutal beating of Samran Desai and take the following measures:

-         Direct the State Government of Maharastra to immediately suspend Police Constable Chandrakant Patil and other police personnel responsible who tortured Samran Desai;

-         Direct the State government of Maharashtra to order an inquiry into the torture of Samran Desai and submit a copy of the same to the NHRC for prosecution of the guilty police officers;

-         Direct the State Government of Maharashtra to pay compensation of Rs. 1,00,000 (one lakhs) to the Samran Desai and the same be recovered from the guilty police personnel;

-         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