Human Rights Panel Directs DGP to Ensure Full-Body Medical Checkup of Accused at Arrest

After taking cognizance of alleged torture in custody and inconsistent medical reports, Haryana Human Rights Commission (HHRC) has asked Director General of Police (DGP) of Haryana Police that every accused should be subjected to a full-body check-up at the time of their arrest.

This order was given in a case related to a hearing of a complaint of custodial torture of two persons who were arrested for theft in Karnal in April 2023. As per reports, the accused were arrested on April 14, 2023, and first medical reports showed no injuries, but when they were produced before the court the next day, injuries were noticed, and consequently, the medical board was formed by the court to conduct medical tests.

Expressing concern, the Commission observed that it was “strange” that the medical board later assessed the injuries to be four to seven days old, despite an earlier medical examination conducted by Dr Vikas Garg showing no injuries at all. The medical board subsequently recorded four injuries on the accused.

In an earlier hearing on October 14, the Commission noted that the Investigating Officer, Sub-Inspector Krishan Chand, failed to satisfactorily explain the discrepancy between the two medical reports. The HHRC then directed the DGP to appoint a senior officer to inquire into the matter and also sought an explanation from the Director General of Health Services (DGHS) regarding the conduct of medical examinations.

DGHS issues statewide instructions

On November 19, DGHS Dr Manish Bansal issued clear instructions to all civil surgeons across Haryana. He directed that all medical examinations of persons produced by police must involve a complete full-body clinical assessment, recorded in a prescribed format.

The DGHS further instructed that doctors must specifically document any injuries, marks, pain, or complaints reported by the accused. “No examination shall be conducted in a casual or incomplete manner,” the instructions stated, warning that any deviation would be viewed seriously.

Police compliance essential: Commission

During a subsequent hearing on December 17, the Commission welcomed the DGHS’s action but noted that its effectiveness would depend on police awareness and compliance at the ground level. HHRC member Deep Bhatia directed the DGP to ensure that police officers are properly sensitised and strictly follow the prescribed procedure so that the basic human rights of arrested persons are not violated.

The Commission also expressed dissatisfaction with the inquiry report submitted by the SP Karnal, stating that it merely repeated earlier submissions and failed to adequately address allegations of custodial torture. The inquiry officer has now been directed to appear before the Commission with complete records at the next hearing.