New delhbi. National Human Rights Commission (NHRC) Ordered Departmental Action against IOs and SHO, Narco and Lie Detector Test and DNA Profiling in the case of Rape in Jail.

Human right activist Ravi Nitesh said, “On my appeal with National Human Rights Commission in the case where two women prisoners were allegedly raped by Dy sup of Nimika Jail, Haryana, finally after four years, Commission has issued directions to DGP, Haryana.”

These directions include a speedy inquiry and including one women officer in SIT, departmental actions against IOs and SHO who primarily investigated the case and even Narco and Lie detector test in case if needed.

Full text of NHRC’s release is as follows -

These proceedings shall be read in continuation of the earlier proceedings of the Commission. The Commission received a complaint dated 16.05.2013, alleging that two prisoners at Nimika Jail, Faridabad were sexually assaulted by the Dy. Superintendent of Jail. The incident was reported by them to the CJM on his official visit to jail. Thereafter victims were allegedly beaten and tortured by Jail officials for making complaint to the CJM. Pursuant to the directions of the Commission the DG (Prison), Haryana, vide his report dated 09.07.2013, informed that in this connection an FIR No. 139/13 dated 14.05.2013, u/s 376, 354A, 120B, 323 IPC was registered at PS Ballabhgarh. During investigation it was revealed that the prisoners Nirmal Bhatia and Anita might have been abused and beaten up by a lady warder and the allegation of social and physical exploitation were found false.

As directed by the Commission, the investigation of the case has been transferred to CBCID and still pending with Crime Branch, Faridabad. Vide proceedings dated 28.02.2017, the DG

(I) discussed the progress and status of the case with ADGP Crime, Haryana, and examined all the papers placed in the file and concluded that the local police have botched up the case since the initial investigation of the case was conducted by local police in an unprofessional manner and not based on scientific evidence and prevailing guidelines of the Hon’ble Supreme Court in cases of rape. The allegations of physical assault in custody prima facie appear to be true during internal enquiry conducted by Superintendent, District Jail, Nimka. The State owes duty of care towards the inmates under its custody for their safety and security. However, no action has been taken on the act of the wardens for beating the ladies while in custody. Hence, the State is vicariously liable for atrocities committed on the victim inmates by the jail officials. Hence, the Director General of Police, Haryana is requested to submit Action Taken Report within two months on the points mentioned below:

i) State Crime Branch, Haryana to expedite and complete the investigation of the case. Moreover, a female police officer may be associated with the SIT during investigation.

ii) The vaginal swab of the victim Nirmal Bhati which was sent to FSL Madhuban should be obtained and re-sent for DNA profiling to any CFSL outside Haryana. The biological samples of both alleged persons should also be collected and sent to the same CFSL for DNA profiling and comparison.

iii) Since a lot of time has lapsed, vital information might have been lost as evidence to connect the accused in the case. Therefore, scientific and circumstantial evidence must be collected and considered by the IO of the case. Options like Narco and lie detection tests from reliable labs like CBI (preferably outside Haryana) may be opted for a fair investigation in the matter.

iv) To initiate departmental action against the concerned IOs and the then SHO PS Sadar Ballabhgarh who conducted defective investigation and filed the cancellation report in the case on frivolous and extraneous grounds in a hasty manner. v) The SOP for the investigation of rape/sexual assault cases be framed covering the directions issued by the Hon’ble Supreme Court and High Court in various cases and issue directions to the officers concerned accordingly.

Hastakshep