NHRC says can recommend action in Jammu & Kashmir

Brushing aside the contention of the Jammu and Kashmir government that it does have jurisdiction to make recommendations in case of a man’s death due to negligence, National Human Rights Commission directed the state on Friday to pay Rs5-lakh compensation to the man’s family.

The case is related to Mohan Lal, a rickshaw-puller who was picked up by police in 2003 suspecting him to be a thief and allegedly tortured to death.

Mohan Lal was suspected of involvement in some burglaries which had taken place in Jammu. He was picked up by Jammu police from Amritsar and taken to Jammu for interrogation where he died in police custody.

According to an NHRC official, the incident was brought to the commission’s notice by Suhas Chakma, director of the Asian Centre for Human Rights. 

“There is medical evidence to indicate that he was subjected to third degree torture during interrogation. Ultimately, he died in district police lines hospital, Jammu,” the NHRC said.

The commission had recommended the compensation on August, 2009, but the state government contended the rights panel has no jurisdiction in the matter.

The state government did not send a compliance report and proof of payment and replied that as per section (2) of the Protection of Human Rights Act, 1993, it specifically excludes the operation of the said Act to the state of J&K, NHRC said.