Rights panel raps SP for justifying removal of clothes in lock-up

Sushil Manav

Tribune News Service

Chandigarh, January 29

In a case where the Superintendent of Police, Sonepat, justified the action of Gohana SHO of putting two real brothers in lock-up in naked condition by saying that it was to ensure that they don’t commit suicide, the Haryana Human Rights Commission (HHRC) on Wednesday made scathing remarks against the police.

Suresh Kumar, a former vice-president of Gohana Municipal Committee, and his younger brother Balraj Singh were put in lock-up in Gohana police station after making them remove their clothes in presence of all those present on February 8, 2015.

The duo had gone to the police station after the SHO, allegedly, refused to act on a written complaint of criminal intimidation lodged by one Sanjeev Kumar, a witness in a court case filed by Suresh Kumar, against his opponents.

The SHO, instead, made Suresh Kumar and Balraj Singh remove their clothes and both of them were put in the lock-up by invoking the provision of Section 107/ 151 of the Criminal Procedure Code (invoked when there is imminent danger to peace or likelihood of breach of peace).

In its orders issued on February 26 last year, the commission directed the state government to pay Rs 15,000 each to Suresh Kumar and Balraj Singh as compensation for undergoing immense physical and mental harassment and humiliation at the hands of the state police after report by the Director of Investigations in the HHRC confirmed that the allegations of the two brothers were true.

However, in a review application filed by the government, the Superintendent of Police, Sonepat, justified the SHO’s action and said that in the past also, the accused, who had been lodged in the lock-up with clothes, had tried to commit suicide by using clothes or belts etc.

“In our considered opinion, such a plea raised by the Superintendent of Police, Sonepat, is against human dignity and if any such act is carried out by police officials anywhere in Haryana, then the act can be inferred as the violation of human rights. No suspect or accused can be forced to take off his clothes and stand up in the lock-up in a naked condition. Such type of a plea is not expected from an officer of the rank of Superintendent of Police,” said the order passed by Justice SK Mittal (retd), Chairperson, and Deep Bhatia, member of the HHRC, today.

While dismissing the review application filed by the state government on Wednesday, the commission has sent the order to the Additional Chief Secretary, Haryana, for compliance of the order dated February 26, 2019 whereby a compensation of Rs 15,000 each was ordered in favour of Suresh Kumar and his younger brother Balraj Singh.

The incident

• On February 8, 2015, brothers Suresh Kumar and Balraj Singh were put in lock-up in Gohana police station by the SHO after making them remove their clothes in presence of all those present
• In a review application filed by the government, SP, Sonepat, justified the SHO’s action and said that in the past also, the accused, who had been lodged in the lock-up with clothes, had tried to commit suicide by using clothes

.