NHRC seeks explanation about death of Pak national in custody

New Delhi, July 11 (UNI) The National Human Rights Commission (NHRC) has issued notices to three Gujarat police officials and a BSF officer, asking them why criminal and disciplinary action not be recommended against them regarding the ''custodial killing'' of a Pakistani national in 2003.

''In keeping with its tradition of safeguarding everyone's right... the Commission is as much alive to the human rights of foreigners as it is for the Indian citizens. NHRC expresses the view for disciplinary as well as criminal action against delinquent officers, in the case,'' a Commission spokesperson said.

The Commission has given the officials four weeks time to respond to the notices.

NHRC said as per the post-mortem report, it appeared that the deceased was subjected to torture during interrogation resulting his death.

''It is felt disciplinary as well as a criminal action must be taken against the delinquent officers in the case.

Pakistani national Raziabibi Sheikh Jamir Luhar was intercepted on March 25, 2003 at the India-Pakistan border and produced at Police Station, Mavsari.

Banaskantha Superintendent of Police provided the information about the case to the Commission on May 12, 2003.

The official intimated the Commission that Jamir was not produced in the court.

During interrogation on May 12, 2003, Jamir complained of headache and asked for water. A doctor from Primary Health Centre, Suigam, was immediately called. However, Jamir collapsed and was declared dead by the time the doctor reached.

The Commission's Investigation Division obtained post-mortem report and Magisterial report from the State Government.

The post-mortem showed 'ante-mortem' injuries with most of the injuries on the back and there was only one head injury.

According to the doctors, the cause of death was shock and haemorrhage. The SDM, Tharad who conducted an inquiry said the deceased was interrogated on the day he died by a Joint Team.

The team comprised Special Bureau Sub-Inspector Makwana, Radhanpur officer Incharge of Special Bureau Devender Sathwara, CIB officer Kumar Anand and BSF officer P N Singh.

The Police officials posted at the Police Station told the Magistrate that the deceased was interrogated in a closed room while the members of the interrogating team said they had not closed the room .

The doctor from the Primary Health Centre who came to the Police Station, had found that the deceased had no clothes on his body, the Commission said.

After going though all the reports, the Commission said rule of the law must prevail in all cases. Jamir was not produced in the court as required by Law and was illegally detained.

UNI