Case Details of File Number: 252/30/8/2014
The Commission took suo moto cognizance of a news report published in 'The Hindustan Times' dated 18.1.2014 about the alleged incidents of racial prejudice and unlawful acts on the African national women by the Law Minister of the Govt. of NCT of Delhi with his supporters in a place called Khirki Extension in Delhi claiming that they were indulging in sex racket and drug trafficking in the area. While considering the matter on 3rd February, 2014, the Commission directed thus:- "The Commission is of the view that an Investigation Team of NHRC be deputed to find out any human rights violation of the persons allegedly affected by the incident which took place on the night of 15th/16th January, 2014 and submit its report within a period of eight weeks." The Commission was also informed by the Govt. of NCT of Delhi that Lt.Governor, Delhi has ordered an inquiry by Shri B.L. Garg, Retired Additional District & Sessions Judge, Delhi to inquire into the allegations leveled against the police officials by the Law Minister, Shri Somnath Bharati. The inquiry report of Shri B.L.Garg has now been forwarded to the Commission by Shri B.K.Tiwari, Deputy Secretary (Home), Govt. of NCT of Delhi vide letter dated 20.3.2014. The report of Investigation Division has also been received by the Commission. During the course of inquiry, the team of the Investigation Division could not record the statements of Dr.Somnath Bharati, the Law Minister and his supporters due to prevailing political scenario. However, the team could record the statement of the African national women who were the victims of the said incident. The team recorded the statements of the alleged victims, police officials and independent witnesses and the allegations of human rights violations on the African national women were substantiated. The team found the following human rights violation of the victims:- 1. Ms. Stella Nontongo 2. Ms. Shillah Ainembambazzi They were illegally detained, intimidated, abused and assaulted and forcibly taken to PCR Van. 3. Niharika 4. Angel 5. Sapna Three transgender persons were illegally detained and subjected to indignity by checking their physical features. 6. Daphne Nanyalo 7. Sheillah Catherine 8. Sandra All residents of S-9, Khirki Extension. The mob led by the Minister forcibly entered the house, conducted illegal search of their rooms, hurled racist slurs, called them prostitutes and molested them. 9. Ms. Mariam Nansusubuga 10. Ms.Namukasa Milly 11. Ms.Annet Mpiima 12. Ms.Nabawanga The car No.DL 3BV 2984 in which they were traveling was unlawfully intercepted by the mob and they were subjected illegal detention, racial abuses and intimidation. On perusal of the inquiry report of Shri B.L.Garg, Retired Additional District & Sessions Judge, Delhi, it is revealed that on the intervening night of 15th/16th January, 2014, the Law Minister, Govt. of NCT of Delhi with his supporters reached Khirki Extension and asked the police of PCR Van to intercept and check the vehicles of the African/Ugandan women claiming that they were indulging in sex racket and drugs trafficking. The Law Minister had also asked the police to detain some of the foreign national women in the PCR and they were also not allowed to ease themselves, as a result of which those women had to forcibly alight from the vehicle and eased themselves near the said vehicle. The inquiry also revealed that on personal search of the African women at AIIMS by a lady doctor, no drug was recovered from them. On consideration of the statements of witnesses and other reports, the Inquiry Officer concluded that on the intervening night of 15th/16th January, 2014, the Law Minister and his supporters were involved in illegally stopping the vehicles passing the way and were seeing that if any African national were sitting in the vehicle. The African women were wrongfully restrained and humiliated without any fault of them, as no drug was found from their possession, from the vehicle No.DL 3C BV 2984 in which the foreigners were traveling or from any other detained vehicles. He has also stated that the mob led by the Minister forcibly entered into the premises of No.S-9, Khirki Extension, New Delhi on the said night without any authority of law and started criminally banging the doors of different rooms with sticks and lathies. As a result of this criminal and forcible entry/trespass, the mob led by the Minister unlawfully entered the rooms of several African ladies and hurled racist slurs at them by calling them prostitutes and also assaulted, humiliated, misbehaved, molested and threatened them with dire consequence. As regards the role of police in the whole episode, the Inquiry Officer has stated that the police had obeyed the directions of the Hon'ble Law Minister in taking the four Ugandan women to AIIMS for medical examination and for their personal search by a lady doctor. The Inquiry Officer has also concluded that the response of the police in the light of the intervention of the Hon'ble Law Minister was adequate and in conformity with law and that the role of the Law Minister was not as per existing provisions of law as prima facie he has violated the provisions of law while holding the Constitutional Post. The Commission has carefully examined the inquiry report of Shri B.L. Garg, Retired Additonal District & Sessions Judge and the report of the Investigation Division of the Commission and it is prima facie proved that there was gross violation of human rights of the African national women in the instant case. The Law Minister with his supporters not only humiliated the African women and wrongfully confined them in a vehicle on the intervening night of 15th/16th January, 2014 on the ground that they were indulging in sex racket and drug trafficking, but when they were searched by a lady doctor at AIIMS, no drug could be recovered. Thus, we are of the view that it is a fit case where the human rights of the aforesaid African women were violated. A notice be, therefore, issued to the Government of NCT of Delhi why monetary relief u/s 18 of the Protection of Human Rights be not recommended to be paid to all the victims namely Ms. Stella Nontongo, Ms. Shillah Ainembambazzi, Niharika, Angel, Sapna, Daphne Nanyalo, Sheillah Catherine, Sandra, Ms. Mariam Nansusubuga, Ms.Namukasa Milly, Ms.Annet Mpiima, Ms.Nabawanga. Chief Secretary, Govt. of NCT of Delhi shall respond to the show cause notice within six weeks. Commissioner of Police, Delhi shall also furnish within six weeks the status of FIR No.76/2014 dated19.1.2014 registered at P.S. Malviya Nagar, New Dellhi
The Commission took suo moto cognizance of a news report published in 'The Hindustan Times' dated 18.1.2014 about the alleged incidents of racial prejudice and unlawful acts on the African national women by the Law Minister of the Govt. of NCT of Delhi with his supporters in a place called Khirki Extension in Delhi claiming that they were indulging in sex racket and drug trafficking in the area. While considering the matter on 3rd February, 2014, the Commission directed thus:- "The Commission is of the view that an Investigation Team of NHRC be deputed to find out any human rights violation of the persons allegedly affected by the incident which took place on the night of 15th/16th January, 2014 and submit its report within a period of eight weeks." The Commission was also informed by the Govt. of NCT of Delhi that Lt.Governor, Delhi has ordered an inquiry by Shri B.L. Garg, Retired Additional District & Sessions Judge, Delhi to inquire into the allegations leveled against the police officials by the Law Minister, Shri Somnath Bharati. The inquiry report of Shri B.L.Garg has now been forwarded to the Commission by Shri B.K.Tiwari, Deputy Secretary (Home), Govt. of NCT of Delhi vide letter dated 20.3.2014. The report of Investigation Division has also been received by the Commission. During the course of inquiry, the team of the Investigation Division could not record the statements of Dr.Somnath Bharati, the Law Minister and his supporters due to prevailing political scenario. However, the team could record the statement of the African national women who were the victims of the said incident. The team recorded the statements of the alleged victims, police officials and independent witnesses and the allegations of human rights violations on the African national women were substantiated. The team found the following human rights violation of the victims:- 1. Ms. Stella Nontongo 2. Ms. Shillah Ainembambazzi They were illegally detained, intimidated, abused and assaulted and forcibly taken to PCR Van. 3. Niharika 4. Angel 5. Sapna Three transgender persons were illegally detained and subjected to indignity by checking their physical features. 6. Daphne Nanyalo 7. Sheillah Catherine 8. Sandra All residents of S-9, Khirki Extension. The mob led by the Minister forcibly entered the house, conducted illegal search of their rooms, hurled racist slurs, called them prostitutes and molested them. 9. Ms. Mariam Nansusubuga 10. Ms.Namukasa Milly 11. Ms.Annet Mpiima 12. Ms.Nabawanga The car No.DL 3BV 2984 in which they were traveling was unlawfully intercepted by the mob and they were subjected illegal detention, racial abuses and intimidation. On perusal of the inquiry report of Shri B.L.Garg, Retired Additional District & Sessions Judge, Delhi, it is revealed that on the intervening night of 15th/16th January, 2014, the Law Minister, Govt. of NCT of Delhi with his supporters reached Khirki Extension and asked the police of PCR Van to intercept and check the vehicles of the African/Ugandan women claiming that they were indulging in sex racket and drugs trafficking. The Law Minister had also asked the police to detain some of the foreign national women in the PCR and they were also not allowed to ease themselves, as a result of which those women had to forcibly alight from the vehicle and eased themselves near the said vehicle. The inquiry also revealed that on personal search of the African women at AIIMS by a lady doctor, no drug was recovered from them. On consideration of the statements of witnesses and other reports, the Inquiry Officer concluded that on the intervening night of 15th/16th January, 2014, the Law Minister and his supporters were involved in illegally stopping the vehicles passing the way and were seeing that if any African national were sitting in the vehicle. The African women were wrongfully restrained and humiliated without any fault of them, as no drug was found from their possession, from the vehicle No.DL 3C BV 2984 in which the foreigners were traveling or from any other detained vehicles. He has also stated that the mob led by the Minister forcibly entered into the premises of No.S-9, Khirki Extension, New Delhi on the said night without any authority of law and started criminally banging the doors of different rooms with sticks and lathies. As a result of this criminal and forcible entry/trespass, the mob led by the Minister unlawfully entered the rooms of several African ladies and hurled racist slurs at them by calling them prostitutes and also assaulted, humiliated, misbehaved, molested and threatened them with dire consequence. As regards the role of police in the whole episode, the Inquiry Officer has stated that the police had obeyed the directions of the Hon'ble Law Minister in taking the four Ugandan women to AIIMS for medical examination and for their personal search by a lady doctor. The Inquiry Officer has also concluded that the response of the police in the light of the intervention of the Hon'ble Law Minister was adequate and in conformity with law and that the role of the Law Minister was not as per existing provisions of law as prima facie he has violated the provisions of law while holding the Constitutional Post. The Commission has carefully examined the inquiry report of Shri B.L. Garg, Retired Additonal District & Sessions Judge and the report of the Investigation Division of the Commission and it is prima facie proved that there was gross violation of human rights of the African national women in the instant case. The Law Minister with his supporters not only humiliated the African women and wrongfully confined them in a vehicle on the intervening night of 15th/16th January, 2014 on the ground that they were indulging in sex racket and drug trafficking, but when they were searched by a lady doctor at AIIMS, no drug could be recovered. Thus, we are of the view that it is a fit case where the human rights of the aforesaid African women were violated. A notice be, therefore, issued to the Government of NCT of Delhi why monetary relief u/s 18 of the Protection of Human Rights be not recommended to be paid to all the victims namely Ms. Stella Nontongo, Ms. Shillah Ainembambazzi, Niharika, Angel, Sapna, Daphne Nanyalo, Sheillah Catherine, Sandra, Ms. Mariam Nansusubuga, Ms.Namukasa Milly, Ms.Annet Mpiima, Ms.Nabawanga. Chief Secretary, Govt. of NCT of Delhi shall respond to the show cause notice within six weeks. Commissioner of Police, Delhi shall also furnish within six weeks the status of FIR No.76/2014 dated19.1.2014 registered at P.S. Malviya Nagar, New Dellhi
