Bhuneshwari Devi's Ordeal: Police Brutality in Koderma, Jharkhand

 Bhuneshwari Devi's Ordeal: Police Brutality in Koderma, Jharkhand

Background

Bhuneshwari Devi, aged 50, is a resident of Buchithand village, Post Bagdo, Police Station Domchanch, District Koderma, Jharkhand. She lives with her husband Sona Yadav, three sons, a daughter-in-law, and two grandsons. Her eldest son works as a driver, while the other two are still pursuing their studies.

The Incident

On May 8, 2021, the family attended a wedding at their neighbor Sarayu Yadav's house. Bhuneshwari's middle son, Neeraj, and her husband joined the groom's procession, which had over 200 attendees. The next day, the police visited the village looking for a boy who had gone missing after attending the wedding as a DJ.

On May 18, 2021, at 3 PM, the police came to Bhuneshwari's house and asked Neeraj to come with them, instructing him to wear full pants. When Neeraj went to change, the police confiscated his mobile phone. The family pleaded with the police, explaining that everyone at home was unwell, but the police assured them it was just for questioning and that Neeraj would be returned soon.

Police Detention and Torture

Concerned for Neeraj, the family followed him to the police station, but they were rudely told to leave due to COVID-19 concerns. Bhuneshwari argued, "If my son doesn't spread COVID-19, why are we being accused of it?" At the station, Neeraj was brutally beaten, thrown against walls, and tortured on a battery.

Despite repeated pleas, the police did not release Neeraj. That night, around 11 PM, the family returned home. The next day, the Domchanch police station called them, saying they could collect Neeraj. However, when the younger son went to the station, the police said an SP officer would question Neeraj the following morning and sent him back.

Continued Detention and Abuse

The police made Bhuneshwari's eldest son write and sign a statement claiming they were taking Neeraj home safely, but they did not release him. The family waited at the station until 2 AM, being repeatedly told that the SP's inquiry was pending.

Neeraj was transferred to Koderma, where he was severely beaten again. On May 20, 2021, over 20 villagers accompanied Bhuneshwari to the police station, demanding Neeraj's release. The police finally brought Neeraj back from Koderma in the evening, but he was in terrible condition.

Aftermath and Appeal for Justice

Neeraj had been subjected to extreme police brutality. His fingernails were torn out, he could not hear or speak properly, and he could barely walk. Devastated by her son's condition, Bhuneshwari approached an advocacy organization to seek justice.

On May 31, 2021, the organization filed a complaint with the National Human Rights Commission (NHRC) in New Delhi. The NHRC took cognizance of the matter, registering it as Case Diary No. 8383/IN/2021 and Case File No. 746/34/12/2021. The Commission ordered a compensation of three lakh rupees for the inhumane treatment Neeraj suffered at the hands of the police.

Conclusion

This tragic incident highlights the severe misconduct and brutality exercised by the police in Koderma, Jharkhand. Despite being innocent, Neeraj Yadav endured extreme physical and psychological trauma due to the actions of law enforcement officials. The NHRC's intervention and the compensation order provide a semblance of justice to Bhuneshwari Devi and her family, but the ordeal underscores the need for systemic reforms to prevent such abuses in the future.

Domchanch Police Station In-Charge Made My Son a Living Corpse

My name is Bhuvaneshwari Devi, age 50 years, wife of Sona Yadav, a resident of the village Buchithand, post Bagdo, Domchanch Police Station, district Koderma, Jharkhand. I live with my husband, three sons, one daughter-in-law, and two grandsons. My eldest son is a driver, and my other two sons are studying. Our family was happy and peaceful, and we had never been involved in any legal cases. My children are focused on their studies and future.

The incident that changed our lives began with a wedding in our village. On May 8, 2021, my neighbor, Sarayu Yadav, had a wedding for his youngest son. It was our duty to participate in the celebrations, so my family and I attended the wedding. More than 200 people were present, including my husband and middle son, Neeraj. After the wedding, everyone returned home.

The next day, on May 9, the police came to our village searching for a boy who had been playing DJ at the wedding and had gone missing along with his parents. The police conducted their investigation and left. However, on May 18, 2021, at around 3 PM, the police came to our house looking for my son Neeraj. He immediately came forward, and the police asked him to put on full pants and come with them. As Neeraj went inside to change, the police confiscated his mobile phone. We tried to explain to the police that everyone in our family was sick and asked why they were taking him. The police assured us they would just ask him a few questions and then release him, so we let him go.

We followed the police to the station, where we were told to leave because of COVID-19. We were concerned, wondering if my son was not at risk of spreading the virus, but we were. We heard our son being beaten inside the police station, thrown against walls and a battery, but we were chased away. We returned home at 11 PM, only to be called back to the station by the head constable, who said we could take our son back. My younger son, Milan, went to the station to get Neeraj, but the police said an SP officer was coming to interrogate him and that they would release him the next morning.

When Milan arrived at the station, he witnessed the police beating Neeraj, who was screaming in pain. Milan questioned the head constable about the beating but was told it was part of the interrogation and there was no problem. On May 19, we stayed at the station, hoping Neeraj would be released, but he was not. Instead, the police made my eldest son write and sign a statement that we were taking Neeraj home in good condition. They kept Neeraj overnight, saying an SP officer would interrogate him the next day. We waited at the station until 2 AM before returning home.

On May 20, we returned to the station with more than 20 villagers, demanding Neeraj's release. Finally, in the evening, Neeraj was brought back from Koderma and handed over to us after making us sign another statement about his condition. When we saw Neeraj, he was unrecognizable: his fingernails were damaged, he couldn't hear, speak, or walk properly. We were devastated and furious, feeling like attacking the police. They had left my son half-dead.

I demand a thorough investigation into this matter and legal action against the responsible police officers to ensure justice for my son.

In the instant matter, complainant had alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers gathered that he was released. He was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials.

The Commission , vide its proceeding dated 29.11.2022, had recommended Sum of Rs. Three Lakhs only as compensation to the victim which was confirmed vide proceeding dated 13.7.2023. The matter is pending for want of compliance report along with proof of payment of Rs.3,00,000/- (Rupees. Three Lakhs only) to be paid to the victim Neeraj Kumar Yadav, who was subjected to cruelty beating etc. in custody.

The Commission observes that despite issuance of sanction order by the State Government and direction to District Magistrate-Koderma, Jharkhand to pay the compensation amount to victim, said authority has failed to submit compliance report along with proof of payment of Rs.3,00,000/- (Rupees. Three Lakhs only) to victim Neeraj Kumar Yadav till date.

As the matter is of year 2021, the Commission hereby directs District Magistrate-Koderma, Jharkhand to submit compliance report along with proof of payment of Rs.3,00,000/- (Rupees. Three Lakhs only) to victim Neeraj Kumar Yadav, within a period of six weeks for official records of this Commission.

 

The Commission also directs Chief Secretary, Govt. of Jharkhand  to take an appropriate steps for  ensuring compliance of direction of the Commission by aforesaid authority.

 

With this standing direction, instant case stands closed. 

In the instant matter, complainant had alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers gathered that he was released. He was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials.

The Commission , vide its proceeding dated 29.11.2022, had recommended Sum of Rs. Three Lakhs only as compensation to the victim which was confirmed vide proceeding dated 13.7.2023. The matter is pending for want of compliance report along with proof of payment of Rs.3,00,000/- (Rupees. Three Lakhs only) to be paid to the victim Neeraj Kumar Yadav, who was subjected to cruelty beating etc. in custody.

The Commission observes that despite issuance of  sanction order by the State Government and direction to  District Magistrate-Koderma, Jharkhand to pay the compensation amount to victim, said authority has failed to submit compliance report along  with proof of payment of Rs.3,00,000/- (Rupees. Three Lakhs only) to  victim Neeraj Kumar Yadav till date. 

 

Registry to issue summons to District Magistrate-Koderma, Jharkhand, u/s 13 of the Protection of Human Rights Act, 1993 for appearance before the Commission on 15.4.2024 at 11A.M. in its office at Manav Adhikar Bhawan, C-Block, GPO Complex, INA, New Delhi-110023 along with requisite compliance report in the matter.

Should however the requisite reports be received on or before 8.4.2024, the personal appearance of the aforesaid authority shall stands dispensed with.

The copy of instant proceeding be forwarded to the Chief Secretary, Govt. of Jharkhand for information and for ensuring compliance of direction of the Commission by aforesaid authority.

The complainant has alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers collected that he was released. However, he was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials. Vide proceedings dated 06.05.2022 this Commission has observed/directed as under:- “The complainant has alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers collected that he was released. However, he was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials. In continuation of earlier proceedings vide proceedings dated 06.03.2022 this Commission has observed/directed as under:- "The complainant has alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers collected that he was released. However, he was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials. Taking cognizance notice was issued to the concerned authorities. Pursuant thereto, the Commission received a report dated 29.07.2021 from the office of Superintendent of Police, District Koderma forwarding enquiry report of SDPO dated 25.07.2021. It is stated in the report that on receiving an information regarding murder, the police registered an FIR under section 363 / 302 / 201 / 34 of IPC dated 10.05.2021. It is also admitted in the report that the son of the complainant was brought to the police station on 18.05.2021 for enquiry. It is stated in the report that disciplinary proceedings have been initiated against the concerned I.O. Vikas Kumar Paswan while the SHO has been transferred. Disciplinary action has been taken against the other police officials involved in the incident of physical assault. The commission considered the matter on 11.10.2021 and observed that in order to inquire the complaint further certain police record may be required. The Commission, therefore, directed the Superintendent of Police, District Koderma to forward relevant record such as DD entry, notice if any issued to the victim for joining the investigation, medical examination of the victim, the copy of chargesheet issued against the erring police officials, the outcome of the enquiry conducted and action if any taken based upon the enquiry report. Compliance report be submitted within 4 weeks. Pursuant to same, the Superintendent of Police, Koderma has submitted a report dated 25.10.2021 vide which he has submitted various documents including DD entry etc. The documents also included the documents pertaining to action taken against the erring police officials. The documents also revealed that censure/warning have been issued to the concerned erring police officials qua their misconduct. The Commission further considered the matter on 14.12.2021 and directed the Registry to forward the above reports to the complainant calling for her comments within six weeks. The Commission also directed the Superintendent of Police, Kodermato submit a report whether any monetary compensation has been given to victim or not, within six weeks. The Commission has perused the record and observes that no further report has been submitted by the Superintendent of Police, Koderma so far. The complainant, however, has submitted her comments on 01.02.2022 where in she has reiterated her allegations and sought departmental action against the guilty police officials and compensation and free treatment to the victim in the instant case. The Commission directs the Registry to forward above comments of the complainant to the Superintendent of Police, Koderma, Jharkhand to submit his additional report in terms of Commission's proceedings dated 14.12.2021 and also taking into account of the above comments of the complainant within four weeks, positively failing which the Commission shall be constrained to invoke provision u/s 13 of the Protection of Human Rights Act, 1993." No report is received thereafter. Let fresh reminder be issued to Superintendent of Police, Koderma, Jharkhand to submit the requisite additional report in terms of above referred proceedings within six weeks positively failing which this Commission will be constrained to invoke its coercive powers u/s 13 of PHR Act. 1993.” Pursuant to same a letter dated 10.05.2022 is received from Superintendent of Police, Koderma, Jharkhand who has sought some documents from the Commission. Let copy of all communication and proceedings so far be transmitted to Superintendent of Police, Koderma, Jharkhand for information and submission of requisite additional report in terms of all above proceedings within four weeks positively failing which this Commission will be constrained to invoke its coercive powers u/s 13 of PHR Act. 1993.

The complainant has alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers gathered that he was released. He was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials.

 

Vide proceedings dated 13.02.2023 this Commission has observed/directed as under:-

“The complainant has alleged that her son was forcibly picked up by the local police on 18.05.2021 and detained illegally and beaten mercilessly till 20.05.2021. It was only when the villagers gathered that he was released. He was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials.

Vide proceedings dated 29.11.2022 this Commission has observed/directed as under:-

“The complainant has alleged that her son was forcibly picked up by the local was only when the villagers gathered that he was released. He was not even able to move. His nails were found removed. The complainant has sought enquiry and action against the erring police officials.

Vide proceedings dated 16.09.2022 this Commission has observed/directed as under:

“……………………Taking cognizance notice was issued to the concerned authorities.

Pursuant thereto, the Commission received a report dated 29.07.2021 from the office of Superintendent of Police, District Koderma forwarding enquiry report of SDPO dated 25.07.2021. It is stated in the report that on receiving an information regarding murder, the police registered an FIR under section 363 / 302 / 201 / 34 of IPC dated 10.05.2021. It is also admitted in the report that the son of the complainant was brought to the police station on 18.05.2021 for enquiry. It is stated in the report that disciplinary proceedings have been initiated against the concerned I.O. Vikas Kumar Paswan while the SHO has been transferred. Disciplinary action has been taken against the other police officials involved in the incident of physical assault.

The commission considered the matter on 11.10.2021 and observed that in order to inquire the complaint further certain police record may be required. The Commission, therefore, directed the Superintendent of Police, District Koderma to forward relevant record such as DD entry, notice if any issued to the victim for joining the investigation, medical examination of the victim, the copy of chargesheet issued against the erring police officials, the outcome of the enquiry conducted and action if any taken based upon the enquiry report. Compliance report be submitted within 4 weeks.

Pursuant to same, the Superintendent of Police, Koderma has submitted a report dated 25.10.2021 vide which he has submitted various documents including DD entry etc. The documents also included the documents pertaining to action taken against the erring police officials. The documents also revealed that censure/warning have been issued to the concerned erring police officials qua their misconduct.

The Commission further considered the matter on 14.12.2021 and directed the Registry to forward the above reports to the complainant calling for her comments within six weeks. The Commission also directed the Superintendent of Police, Kodermato submit a report whether any monetary compensation has been given to victim or not, within six weeks

The Commission has perused the record and observes that no further report has been submitted by the Superintendent of Police, Koderma so far. The complainant, however, has submitted her comments on 01.02.2022 where in she has reiterated her allegations and sought departmental action against the guilty police officials and compensation and free treatment to the victim in the instant case.

The Commission directs the Registry to forward above comments of the complainant to the Superintendent of Police, Koderma, Jharkhand to submit his additional report in terms of Commission's proceedings dated 14.12.2021 and also taking into account of the above comments of the complainant within four weeks, positively failing which the Commission shall be constrained to invoke provision u/s 13 of the Protection of Human Rights Act, 1993."

No report is received thereafter. Let fresh reminder be issued to Superintendent of Police, Koderma, Jharkhand to submit the requisite additional report in terms of above referred proceedings within six weeks positively failing which this Commission will be constrained to invoke its coercive powers u/s 13 of PHR Act. 1993."

Pursuant to same a letter dated 10.05.2022 is received from Superintendent of Police, Koderma, Jharkhand who has sought some documents from the Commission. Let copy of all communication and proceedings so far be transmitted to Superintendent of Police, Koderma, Jharkhand for information and submission of requisite additional report in terms of all above proceedings within four weeks positively failing which this Commission will be constrained to invoke its coercive powers u/s 13 of PHR Act. 1993.

No additional report is received. Let fresh reminder be issued to Superintendent of Police, Koderma, Jharkhand to submit the requisite additional report in terms of above referred proceedings within four weeks positively failing which this Commission will be constrained to invoke its coercive powers u/s 13 of PHR Act. 1993. Copy of all communications received so far from both sides be transmitted to Superintendent of Police, Koderma, Jharkhand.”

Pursuant to same a report dated 10.10.2022 is received from Superintendent of Police, Koderma wherein he had submitted that grant of compensation to the victim is not within his purview and the erring police officials have already been punished after due departmental action. Thus the SP, Koderma in his report has already conceded about the fault on the part of erring police officials. Even earlier vide report dated 25.10.2021 (attachment No.169747 dated 02.11.2021) the Superintendent of Police, Koderma has placed on record the copies of orders whereby the erring police officials have been punished with the ‘censure’, on account of their failure to perform duties properly and resulting beating etc. of the victim Neeraj Kumar Yadav.

Thus as the reports received from the authorities are revealing violation of human rights of a victim by the public servants, the Commission directs its registry to issue a Show Cause Notice to the Chief Secretary, Govt. of Jharkhand to show cause as to why Commission should not recommend a compensation of Rs.3,00,000/- (Rupees. Three Lakhs only) to be paid to the victim Neeraj Kumar Yadav, who was subjected to cruelty beating etc. in custody. The reply to the Show Cause Notice is to be given within a period of six weeks failing which the Commission shall presume that the State Government has nothing to say in the matter and the Commission shall be constrained to proceed further by confirming its recommendations.”

No reply to the show cause notice received. In the interest of justice one more opportunity is granted. Registry is directed to issue fresh show cause notice to the Chief Secretary, Govt. of Jharkhand to show cause as to why Commission should not recommend a compensation of Rs.3,00,000/- (Rupees three lakh only) to be paid to the victim Neeraj Kumar Yadav, who was subjected to cruelty beating etc. in custody. The reply to the Show Cause Notice is to be given within a period of six weeks failing which the Commission shall presume that the State Government has nothing to say in the matter and the Commission shall be constrained to proceed further by confirming its recommendations.”

 

No reply to the show cause notice received. In the interest of justice last opportunity is granted. Registry is directed to issue fresh show cause notice to the Chief Secretary, Govt. of Jharkhand to show cause as to why Commission should not recommend a compensation of Rs.3,00,000/- (Rupees three lakh only) to be paid to the victim Neeraj Kumar Yadav, who was subjected to cruelty beating etc. in custody. The reply to the Show Cause Notice is to be given within a period of six weeks failing which the Commission shall presume that the State Government has nothing to say in the matter and the Commission shall be constrained to proceed further by confirming its recommendations.