NHRC asks UP Govt. to pay Rs.3 lakh to the victim of wrongful imprisonment

The National Human Rights Commission has asked the Uttar Pradesh Government to pay Rs.3 lakh to Sanjay Sharma, who was wrongfully confined to prison by an erring police officer in District Ferozabad.

It has asked the Chief Secretary of the state to submit a compliance report along with proof of payment within six weeks. He has also been directed to submit the action taken report against the then Station Officer (SO) against whom the departmental proceedings of 'Censure' were held by the Commission to be too inadequate.

Sanjay Sharma was arrested under Gangster Act in Ferozabad, Uttar Pradesh on the October 3, 2009 and sent to jail as an under trial prisoner. He continued to incarcerate in jail for more than 24 months.

In the meantime, a human rights activist, R.H. Bansal approached the National Human Rights Commission on the August 27, 2011 and through his complaint, sought its intervention for Sanjay's release, monetary relief to him for his human rights violation and action against the guilty police personnel.

The Commission moved in the matter and issued a notice on the September 1, 2011 to the Senior Superintendent of Police (SSP), Ferozabad. Subsequent to this, post reminder notices and conditional summons issued to the SSP, a report dated June 22, 2012 was submitted to the Commission by the SP, Ferozabad wherein the Commission was informed that the victim was indeed wrongfully arrested and on submission of an enquiry report regarding this before the court, he was released from the jail on the 13th October, 2011.

Departmental proceedings for 'Censure' had been initiated against the then Station Officer, PS South Ferozabad.

As per material on record, the Commission found that the police was on look out for another accused named Santosh, aged 48 years. But instead of him, Sanju, aged 20 years, was arrested.

The Commission has observed that the then Station Officer of PS South Ferozabad had knowingly arrested a wrong person as the real accused was 48 years old, whereas the victim was only 20 years of age. There was discernable difference in the addresses of the two persons. But for him, the victim had to remain in jail for two years for no fault of his. This was a gross violation of Sanjay's human rights.

Therefore, the Commission has recommended that the Government of Uttar Pradesh pay Rs.3 lakh as monetary relief to him.

In its communication to the state government, the Commission has said that the matter should be reported to the High Court of Allahabad, to issue necessary corrective steps, so that an innocent man should not remain in illegal custody as an under trial prisoner for such a long time.

The Commission observed that it was surprising why the concerned court did not ascertain the identity of the accused whenever he was remanded from time to time during the course of hearing.