About Victim
| Victim Name | LOKNATH | Gender | Male |
|---|---|---|---|
| Religion | Unknown | Cast | Unknown |
| Address | NILGIRI BALASHOR ODISHA | ||
| District | BALASORE | State | ODISHA |
Details in National Human Rights Commission (NHRC)
| Diary No | 5493/IN/2022 | Section | M-1 |
| Language | ENGLISH | Mode | HRCNET/ONLINE |
| Received Date | 08/04/2022 | Complaint Date | 08/04/2022 |
The NHRC has received a complaint from Dr. Lenin Raghuvanshi, a human rights activist from Varanasi, Uttar Pradesh alleging that in Balasore district of Odisha, a journalist Loknath Dalai was severely beaten up by the police and he is being treated in a hospital. He has also alleged that the victim has been tied with the bed by the police. The complainant has requested the Commission to intervene into the matter.
After considering the report received from the concerned authority, the Commission invited comments from the complainant. The letter to the complainant was issued on 10.8.2022 through email, however, no comment has been received from the complainant.
As per the report, FIR No. 146/2022 was registered u/s 341/323/294 and other relevant sections of the IPC at PS Nilagiri against Niranjan Rana. During the investigation, the complainant as well as the witnesses was examined. The accused Loknath was arrested as per provisions of 41 Cr.P.C. All procedures for medical examination were complied with. It is further submitted that the accused was arrested as per the procedure. However, there was no instructions from any superior officer, either orally or in writing to Havildar C.R. Singh and the guard party to put handcuffs to the accused Loknath. After the preliminary enquiry, Havildar C.R. Singh has been placed under suspension. The accused Loknath was discharged from DHH, Balasore on 11.4.2022. As it has been admitted in the report submitted by the concerned authority that the accused Loknath was handcuffed by Havildar C.R. Singh without any oral or written order from the superior authority and departmental proceeding have been initiated against him.
In the opinion of the Commission, violation of human rights of the victim has been prima facie made out and the State is vicariously liable for the acts of negligence of its servants and is liable to pay monetary compensation to the victim.
Issue notice u/s 18(a) of Protection of Human Rights Act, 1993 to Government of Odisha through its Chief Secretary, to show cause notice as to why the Commission should not recommend monetary relief of Rs. 5,000/- (Rs. five thousand only) to the victim Loknath.
Response within four weeks positively.
