urged to summon J&K Chief Secretary
Centre for Human Rights (ACHR) today urged the National Human Rights
Commission to summon the Chief Secretary and Home Secretary of Jammu
and Kashmir for their failure to comply with the directions of the
NHRC on the inhumane torture and custodial death of Mr Mohan Lal
by the Jammu Police on 2 July 2003. Taking cognizance of a complaint
from ACHR, on 25 July 2003 NHRC directed the Chief Secretary and
Home Secretary of Jammu and Kashmir to submit their reply within
four weeks. As they failed to submit the reply, NHRC sent reminders
on 25 August 2003 and 11 September 2003. However, on both occasions
the J&K Chief Secretary and Home Secretary ignored the directions
of the NHRC.
is a clear contempt of the NHRC and a fit case for summoning the
Chief Secretary and Home Secretary to appear personally before the
NHRC to ensure compliance with the directions" - stated Mr
Suhas Chakma, Director of ACHR.
Lal, a riskshaw puller and a Dalit hailing from Mahal village, Amritsar,
Punjab succumbed to torture at District Police Lines (DPL) hospital
at Jammu, Jammu and Kashmir on 2 July 2003. A father of three children,
Mohan Lal was one of the suspects rounded up by the Gangyal police
in Jammu on 21 June 2003 in connection with the burglaries allegedly
committed by the 'Kala Kacha' gang in different parts of Jammu.
was brutally tortured in custody at Gangyal police station, Jammu.
He was hit on private parts and had ruptures on several parts of
his body. As he reportedly complained of facing problems in passing
urine and blood oozing out along with urine, he was shifted to DPL
hospital on 1 July 2003 with grievous injuries due to torture. Although
his condition continued to deteriorate, he was not shifted to General
Medical College and succumbed to the injuries at DPL hospital.
the death of Mr Mohan Lal, the Jammu police have been making all
efforts to hush up the case. The post mortem conducted at DPL hospital
in Jammu did not find any marks of torture. However, after his dead
body was sent to his village, the District Magistrate of Amritsar
ordered re-examination (post-mortem) of the body on 4 July 2003.
The three-member medical board reportedly found as many as 36 marks
of electric shocks, bruises and torture marks on different parts
of the body of Mr Mohan Lal, which had caused the death.
fact that the post-mortem conducted at Jammu did not show any mark
on the dead body of Mohan Lal raises question about medical ethics
of the doctors despite the guidelines issued by the National Human
Rights Commission on the issue" - stated Mr Chakma in his complaint
to the NHRC.
requested the NHRC to order an inquiry by the investigation wing
of the NHRC, to direct suspension of all the police personnel who
have been charged by the Punjab Police for the custodial death of
Mohan Lal, to pay an interim compensation of Rs 500,000 (five lakhs)
to the family of the victim, direct the Indian Medical Association
to conduct an inquiry into the violation of medical ethics during
the conduct of postmortem of Mr Mohan Lal in Jammu and take appropriate
actions, to develop appropriate programmes with the Indian Medical
Association for elaboration and promotion of the United Nations
Principles of Medical Ethics relevant to the Role of Health Personnel,
particularly Physicians, in the Protection of Prisoners and Detainees
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment; and to establish a legal cell within the NHRC for
prosecution of the culprits responsible for custodial death. [END]
For more information please call Director of Asian Centre for Human
Rights in New Delhi, India at +91-11-25503624 or 25620583