MSHRC Seeks FIR Against Pune Police Over Alleged Custodial Torture, Directs ADGP-Level Probe Into Child Rights Violation Claims

Mumbai: The Maharashtra State Human Rights Commission (MSHRC) has recommended registration of an FIR over an alleged custodial torture, illegal detention and public parading of children in conflict with law by Pune Police, and directed that the investigation be entrusted to an officer of the rank of Additional Director General of Police (ADGP) or above.

Full Bench Finds Allegations Of Cognisable Offences

In a strongly worded interim order passed on September 9, a Full Bench comprising Chairperson Justice A.M. Badar, Justice Swapna Joshi and member Sanjay Kumar said its fact-finding committee had disclosed the commission of cognizable offences involving personnel of the Pune Police Commissionerate.

The Commission had taken suo motu cognisance after videos surfaced on social media allegedly showing young persons being paraded through Pune, including children allegedly tied to the bonnet of a police vehicle.

Children Allegedly Paraded On Police Vehicle, Says Report

According to the Commission, its inquiry found that three children in conflict with law were allegedly tied with ropes to the bonnet of a police vehicle on July 21 and allegedly publicly paraded from Ambegaon Pathar police outpost to Bharti Vidyapeeth police station. The Commission described the treatment as an act of “unadulterated Police terror”, observing that the alleged publicly parade of the children amounted to psychological warfare that stripped them of their dignity and branded them as criminals.

The fact-finding report also recorded allegations that eight children were allegedly physically assaulted with batons and bamboo sticks and allegedly illegally detained. It stated that the three children were allegedly paraded on the bonnet of a moving police vehicle while police allegedly made announcements identifying them as accused in the alleged Ganesh Malve murder case.

Police Commissioner Was Aware Of Incident, Says MSHRC

The Commission further noted that Pune Police Commissioner Amitesh Kumar was aware of the July 21 incident on the same day after the videos circulated on social media. However, according to the Commission, the children continued to remain in alleged wrongful detention at Bharti Vidyapeeth police station until late on July 24 without being produced before the Juvenile Justice Board.

The Commission was also critical of the internal action taken by the Pune Police. It noted that Senior Police Inspector Mansingh Patil and Assistant Police Inspector Ganesh Mohite were transferred and subsequently issued show-cause notices proposing withholding of two increments for a year. However, the Commission observed that the police chief had not treated the episode as warranting criminal action or registration of an FIR.

DCP Inquiry Termed ‘One-Sided’ By Human Rights Panel

The MSHRC also criticised the inquiry conducted by DCP Milind Mohite, observing that statements of the children who were allegedly subjected to the treatment had not been recorded and describing the exercise as a “one sided inquiry.”

Given the allegations against police personnel and the fact that they also concern Pune Police Commissioner Amitesh Kumar, who himself is an officer of ADGP rank, the Commission directed that the investigation be conducted by an officer of ADGP rank or above. The Director General of Police (DGP) has been given the discretion to select the investigating officer.

The Commission meanwhile has passed strong remarks against the Pune police Commissionerate, observing that it had received several complaints alleging “atrocious behaviors” and human rights violations by Pune Police.

“Rule of Law demands that law enforcement agency must act strictly within legal parameter, treat citizens equally and protect human rights of the subject,” the Commission said, adding that the delicate balance between law enforcement and protection of human rights was “not maintained so far as the Pune Police Commissionerate is concerned.”

The matter will next be heard by the Commission on October 26 at 11 am.

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