NEW DELHI, DEC 2: The National Human Rights Commission (NHRC) has passed severe strictures against the Uttar Pradesh police for the custodial death of a Banaras Hindu University student in Balia district and ordered the State Government to pay the highest-ever compensation of Rs five lakh.

Atal Bihari Mishra, a brilliant student of BHU, was killed in custody after he was dragged to the police station on ``fictitious and frivolous'' charges because of political differences between his father and a ruling party politician, the Commission has said.

The commission ruled that unless appropriate punishment was meted out to officers responsible for this kind of dastardly crime, it would be difficult to contain and control custodial deaths.

The NHRC initially received a report from the superintendentant of police, Balia district on the custodial death in 1995. It also received a joint petition from Shreesh Chander Dixit, Member of Parliament, and Vina Pande, Member of UP Legislative Council. It rocked the Parliament with former Prime Minister Chandra Shekhar making a forceful plea for its reference to the Commission.

The compensation is to be paid to the victim's father, Suresh Mishra.

Justice M N Venkatachaliah, NHRC chairperson, dubbed the incident as ``politically motivated'' and said that it was an instance of ``wanton police violence.'' The State Government has been told to provide adequate security to the victim's family and employment for a relative on compassionate grounds.

The Commission had initially received a report from the Balia SP on the custodial death in 1995. It had also received a joint petition from MP Shreesh Chander Dixit and UP MLC Dr Vina Pande.

Raising the issue in Parliament, Chandra Shekhar had stated that he had met the youth's family who belonged to a village close to his own. He learnt that the youth, an MA student, was returning to his village along with his elder brother when the police asked if they had thrown bombs. The elder brother panicked and fled but the youth was caught and beaten up.

The former Prime Minister said the kind of torture meted out to the youth was unparalleled. The police had later arrested several members of the youth's family after registering a false case against them.

The Commission had asked its investigation wing to probe the incident. The investigation brought out startling facts against the police. The State CID also confirmed that Mishra was killed by police. A prosecution was then ordered against the police officers involved.

Armed with prima-facie evidences against the police for killing Mishra, the Commission issued a show cause notice to the State's Chief Secretary, asking why a reasonable interim-compensation should not be awarded to the members of the family.

The State Government, however, failed to respond to the notice, which was issued on September 4 granting six weeks' time to respond. The Commission then recommended the biggest ever compensation on the assumption that the State Government has no cause to show against the claim.

The elder brother of the deceased had sought a compensation of Rs 25 lakh. He had also sought protection to the family and employment for one of its members on compassionate grounds. The Commission, however, arrived on the compensation amount as per the compensation rules of a fatal accident case.

The commission was of the view that while recommending award of an interim compensation the finer details of the quantum of compensation appropriate to a `fatal accident action' could only be broad indicators. ``Having regard to the young age of Misra at the time of his death and to the probable money value of his future assistance by way of service and earnings to the family the figure should be substanially higher.''

``This is what should be worked out in a private law action by the persons affected and aggrieved by means of an appropriate action on such proceedings, the sum awardable would also include punitive and exemplary damages,'' the commission's order said.

``But the commission is only recommending the award of a sum by way of an interim compensation subject to the private law rights of the dependents to bring an appropriate legal action for damages in which event the sum awarded by way of interim-compensation becomes adjustable, the order added.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.