Kendrapara, Jan 5: The National Human Rights Commission (NHRC) has directed the Chief Secretary and the DGP of Odisha to look into the harassment of an innocent person facing trial in a fake murder case.
Since the woman, who was alleged to be killed by her husband, is alive with her children, the NHRC asked the DGP and the Chief Secretary to take appropriate action against the responsible policemen so that these kinds of incidents do not recur in future.
Acting on a petition filed by Rights Activist Radhakanta Tripathy, the NHRC passed the order on December 31 last.
Tripathy in his petition stated that one Abhay Sutar of chaulia village under Patkura police limit from Kendrapada district was falsely charged by the police for killing his wife and sent to jail for the offence which he never committed.
The victim remained in jail for a couple of months and faced harassment for 7 years in the false case on account of gross negligence by the local police as well as by the State authorities.
Tripathy requested the NHRC for action against the complainant, erring police officials and compensation to Abhay, who remained behind the bar and is facing trial.
The Apex rights body opined that the allegations made in the complaint are serious in nature involving the ‘Right to Life’ with dignity and gross negligence by the State functionaries involving the grave violation of the Human Rights of the victim.
The NHRC had earlier issued notices to the Chief Secretary, Government of Odisha and the Director General of Police, Odisha calling upon them to get this matter independently enquiry upon by the CB/CID and send the complete report in the matter within a period of six weeks.
One Prahallad Moharana had lodged a complaint in 2013 with the police stating that his daughter is missing and accused his son-in-law Abhaya of killing her for dowry. Abhya had also solemnized a second marriage, he had stated.
The police acting on the FIR arrested Abhya and produced him before the court. The Police remained in dark for years about the whereabouts of a woman and initially registered an FIR of her murder.
On February 29, 2020, the woman appeared before the authorities and recorded her statement.
Tripathy stated that earlier in this type of case the NHRC ensured compensation to the victim and disciplinary action was initiated against the errant Police officials.
The petitioner requested the NHRC for criminal action against Itishree and her family which will also set an example against the habit of false accusation and save precious time for the Police, Judiciary and State Machinery.
The NHRC observed that initially the said Abhay Sutar was booked u/s 498A, 494, 302, 304-B, 34 of IPC and u/s 4 of DP Act but subsequently the Sections, 302 and 304-B IPC were dropped during the investigation.
It is apparent that the police proceeded with the investigation of the case in haste and immediately applied sections 302 and 304B IPC which should have not been done by the police and which might have put the victim under tremendous stress and mental agony.
This clearly indicated that fair investigation was not being conducted by the police at the initial stage of this case, the NHRC observed and directed the Chief Secretary and the Director General of Police, Odisha to look into the matter and to take appropriate action against the responsible policemen.
