On 23 April 2013, Asian Centre for Human Rights filed a complaint with the National Human Rights Commission (NHRC) against the custodial death of Virendra Kumar Mishra due to alleged torture at Hasanganj Police station in Lucknow, Uttar Pradesh on the night of 18 April 2013. The deceased was picked up for interrogation in a case under the Arms Act, was allegedly found hanging inside the lockup of the police station in the night.
The deceased was rushed to trauma centre where doctors declared him brought dead. The police claimed that the deceased committed suicide after tearing the blanket which was used for hanging from the ventilator. The family members of the deceased however alleged that the victim had died as a result of torture.
The NHRC registered the complaint (14858/24/48/2013-AD) and directed its Director General (Investigation) to collect the requisite reports.
The Senior Superintendent of Police, Lucknow, Uttar Pradesh vide communication dated 17.04.2013 informed the NHRC that Virendra Kumar Mishra, who was arrested in FIR no 107/13 u/s 4/25 Arms Act by the police of PS, Hassanganj, Lucknow, had committed suicide in the lock-up of the police station by hanging himself with the help of strips of blankets on 17/4/13. He was immediately shifted to Trauma Centre, Lucknow where he was declared dead. The SHO and six police officers of PS Hassanganj had been placed under suspension.
Pursuant to the directions of the NHRC, the inquest and postmortem report were submitted. The inquest was conducted by ACM-4, Lucknow which revealed injuries (contusions) on the neck, both shoulders and swelling on left wrist were observed. Blood was oozing from the nose and mouth. The postmortem was conducted by a board of five doctors and the injuries mentioned in the report were noticed on the body of the deceased. The requisite magisterial inquiry report mentioned that Virendra Kumar Mishra had committed suicide in police lock-up with the help of blanket and no police personal of PS Hassanganj was responsible for the same.
After considering the various reports, the NHRC observed that had there been a vigilant guard, the incident could have been averted. The facts show a clear case of negligence on the part of the police personnel in the police station. The NHRC issued a notice u/s 18 of the Protection of Human Rights Act, 1993 to the Government of Uttar Pradesh requiring it to show cause as to why an amount of Rs. one lakh be not recommended to be paid to the next of kin of the deceased Virender Kumar Mishra.
In response to the show cause notice Secretary, Home Deptt. Government of U.P. has submitted compliance report along with proof of payment to the next of kin of the deceased. The Commission vide order dated 18 January 2018 closed the case.
