Shillong,March 05:Â The Meghalaya High Court today directed the state police to conduct a departmental inquiry against all police personnel named in the charge-sheet including the then SP and Additional SP of West Garo Hills in connection to the custodial death of 20-year-old Balsan Marak three years ago, and complete the same within one year.
“We direct the Director General of Police (DGP) to direct the disciplinary authority, if any, to conduct a departmental inquiry against all the police personnel named in the charge-sheet as well as the respondent 7 & 8 (SP and Addl SP) and such other police officials, who had a role to play in the incident with regard to their role in the atrocities committed upon the petitioner’s son with impunity, the violation of human rights that is protected under Article 21 of the Constitution and violation of the directives given by the Supreme Court in DK Basu’s Case (Supra),†the division bench headed by the chief justice said in its judgement passed on February 28.
It may be mentioned that Balsan, who was arrested in connection with the torture of 12 girls in Tura, died on May 20, 2014, while he was in judicial custody after being brought from the Tura district jail to the civil hospital for treatment.
The petition was filed by Balsan’s mother Meena S Marak.
The Court also directed that such inquiry should be initiated, concluded and action taken within one year.
“In the event, the officials are found guilty, the compensation imposed by this Court shall be recovered by the state government form these officials,†it stated.
Directing the state to pay 15 lakh as compensation to the victim’s family, the Court said that a young life has been snuffed out on account of police brutality and the deceased has just passed out his class XII examination in first division.
He had a future before him. There has been a violation of human rights. The petitioner’s son died in agony. No medical aid was provided to him except pain killers. Even an under-trial is not denuded of his fundamental rights guaranteed under Article 226 of the Constitution of India, it said.
“Custodial death is one of the worst crimes in a civilised society governed by the rule of law. The state was responsible for the life and well being at the time of his temporary custody,†the Court said.
Stating that the doctor’s role in the entire episode is pathetic, the Court also directed the chief secretary to direct the displinary authority to initiate departmental proceedings against the doctors involved in the entire episode with regard to their negligence in handling the matter within one year.
The Court said it is appalled by their inaction in not treating the fracture and other wounds, which were clearly indicated in the reports.
Further, it also directed the Registrar General of the High Court to issue a show cause notice to the Chief Judicial Magistrate for his casual approach without considering the seriousness of the injury remanded the petitioner’s son to 14 days custody.
“Upon submission of his reply, the matter would be considered by the High Court on the administrative side and if necessary a full-fledged disciplinary inquiry against him be initiated,†the bench stated in its judgement.
Meanwhile, the Court also found out that the trial against the police officials pursuant to the report submitted by the CID is still at its nascent stage adding the charge has not yet been framed against the accused.
It accordingly directed the Trial Court to take immediate steps in conducting the trial and conclude the trial within one year.
“We make it clear that the trial court will not grant undue adjournments to the parties and ensure that the trial is concluded within a year, if necessary, day to day proceedings may be held,†the bench said while also directing the trial court will not be influenced by any observation made by this Court.