Cop to pay Rs 2 lakh for Man's illegal Detention

The Odisha Human Rights Commission (OHRC) has asked the State Govt to pay Rs 2 lakh compensation to a man, who was illegally detained by a sub-inspector (SI) at Aska Police Station in Ganjam district in 2013. The commission also directed the Govt to recover the compensation amount from the salary of Rajib Kumar Behera, the former SI of Aska Police Station.

The order has come amid massive public outrage over alleged Police excess, involving Thursday’s twin custodial deaths in Puri & Sundargarh districts. 

The OHRC had on May 22, 2013, received a complaint from a woman, identified as Minakshi Pattnaik, who alleged that the Aska Police raided her house at 2 am on May 5, 2013, in her absence & forcibly dragged her husband Purna Chandra to the Police Station. She alleged that though her husband wasn't involved in any case, the police detained him at the Police Station & tortured him.

During a hearing before the OHRC, Behera said the Aska police had registered a theft case against Minakshi in Jan 2013. Behera said the raid was conducted at her house to arrest her. But she was absent. Behera admitted that the police took Purna Chandra to the police station & released him the next morning (May 6, 2013). 

The OHRC came down heavily on Behera for attempting to violate section 46 (4) CrPC, which prohibits arrest of a woman after sunset & before sunrise. The OHRC said in exceptional circumstances, a woman police officer shall make a written report & take the prior permission of the judicial magistrate to arrest a woman after sunset & before sunrise.

The Order said that “The police are guilty of trying to flout the law. They shouldn't have forced their entry into her home to arrest her at 2 am. Had she been arrested that time, it would have been termed as an illegal arrest. Even though her husband was not booked in any case, the police illegally took him to the police station & released him next morning. This was a gross violation of human rights & dignity".

The commission said the State Govt should pay Rs 2 lakh to Purna Chandra & the money be recovered from Behera, who is now an inspector with vigilance in Berhampur.

The OHRC also found fault with Bichitrananda Samal, who was then the inspector-in-charge of Aska Police Station.

The Commission said that “Samal told us that he was unaware of the raid at the woman accused’s home at 2 am & detention of her husband. But his statement is hard to believe".

Source Link