E/CN.4/1996/35/Add.1
page 62
Information received from the Government on cases included in previous reports
328. On 23 August 1995, 2 November 1995 and 8 December 1995 the Government
sent information to the Special Rapporteur with respect to 13 cases
transmitted by the Special Rapporteur last year.
329. With respect to Udayan, who was allegedly tortured to death
on 20 January 1994 at Mannarghat police station in Kerala, the Government
stated that he had been found hanging by the ventilator of the toilet.
An inquest was conducted by the subcollector. The deputy civil surgeon of
Medical College hospital conducted a post-mortem and determined that his death
was due to hanging. The report of a member of the Board of Revenue appointed
by the state government to inquire into the circumstances of the death was
still awaited.
330. With respect to Sabita, who was among a number of women allegedly
gang-raped by police in Jagasinghpur, Orissa, on 27 October 1993, a commission
of inquiry headed by a retired Chief Justice of the Sikkim High Court had
concluded that the allegations could not be substantiated.
331. In the case of Madan Lal, who was allegedly beaten by police at
Patel Nagar police station, Delhi, and subsequently died in hospital, inquest
proceedings had revealed suspicion of foul play. An assistant subinspector
and three constables were placed under suspension and interim compensation was
paid to the dependents of the deceased, as per the recommendation of the
National Human Rights Commission. In accordance with the decision of the
Commission on the report of the additional district and sessions judge, the
case was transferred to the Central Bureau of Investigation. A departmental
inquiry against the subinspector was also ordered.
332. As to Vijaya, a 17-year-old woman allegedly raped by five police
constables from Pondicherry police station, the subcollector of South Arcot
Vallahar district, Tamil Nadu, found the constables prima facie guilty of
committing the rape and proceedings had been initiated against them by the
government of Tamil Nadu. Departmental action was also initiated against two
other policemen for not receiving the complaint from the victim and an
ex-gratia payment of 25,000 rupees was paid to Vijaya from the Chief
Minister’s Relief Fund.
333. Kanwar Singh Dhami, a leader of the Sikh separatist organization AKAL,
had allegedly been tortured by police along with his pregnant wife Kuldip Kaur
and their six-month-old son, Kanwar Ranbir Singh, during 10 months of
unacknowledged detention in Punjab. The Government replied that the alleged
victim, whose actual name was Bhai Kunwar Singh, was arrested with his wife
and son under a provision of the Terrorist and Disruptive Activities
(Prevention) Act (TADA). They were produced on 30 March 1994 before a
subdivisional magistrate and subsequently taken into judicial custody.
Bhai Kunwar Singh and Kulbir Kaur were being kept at Chandigarh jail at their
own request and their son was released on bail. Their trial was in progress.
The reply did not address the allegations of torture or 10-month
unacknowledged detention.
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