CUTTACK: The Orissa High Court has observed that the ability to provide remedy to victims of state and police excess is what makes the role of the Odisha Human Rights Commission (OHRC), and other human rights bodies in general, significant.
The observation came on Thursday while dismissing a writ appeal challenging a single judge’s order declining to interfere with the OHRC’s recommendation for payment of compensation after finding a case of violation of human rights by way of illegal detention in police custody.
The division bench of Chief Justice S Muralidhar and Justice BP Routray said it is a herculean and practically an impossible task for any ordinary person, who is a victim of police excess and with little means or access to resources, to gather evidence when the persons against whom the complaint is given are policemen who are in complete control of the records and possible witnesses.
It is only a statutory body like the OHRC which has an exclusive investigating wing that can unearth the truth, the bench observed.
On September 7, 2021, the OHRC had recommended that a compensation of Rs 30,000 be paid to Abhijit Mohuria, son of the complainant Prabina Mohuria, who was illegally detained in Jeypore police station in the year 2016.
The OHRC had also said that a regular case should be registered on the complainant’s report. The single judge had declined to interfere with the OHRC order on October 29, 2021.
The IIC and sub inspector of Jeypore police station filed the writ appeal. The appeal contended that there was no evidence to substantiate the allegation of unlawful detention of Abhijit. Therefore, there was no factual or legal basis for the OHRC’s findings and recommendations in that regard.
However, the division bench dismissed the appeal as an inquiry by the OHRC had come up with the finding that Abhijit was illegally detained between October 29 and November 2, 2016.