The National Human Rights Commission (NHRC) has taken cognisance of a complaint alleging custodial torture and police brutality against Krishna Avtar, the Rashtriya Swayamsevak Sangh (RSS)'s Sambhar district pracharak, reportedly assaulted inside Naraina police station in Jaipur Rural district, Rajasthan. An NHRC bench headed by member Priyank Kanoongo on 13 October issued notices to Rajasthan Chief Secretary V. Srinivas and Director General of Police (DGP) Rajeev Kumar Sharma, directing them to submit their respective Action Taken Reports (ATRs) within two weeks.

What the Complaint Alleges

The complaint was filed by Vinay Joshi, convener of the Legal Rights Observatory (LRO), under Section 12 of the Protection of Human Rights Act, 1993. It alleged that Krishna Avtar was forcibly apprehended by police while travelling towards Phulera on Saturday night and subsequently subjected to severe physical assault inside the police station. The alleged assault reportedly took place on the directions of Station House Officer (SHO) Umrav Singh, with the involvement of Sub-Inspector Onkar Singh and personnel identified as Ajay, Ramesh, Kuldeep, Mahipal and Vinod.

According to the complaint, the police personnel allegedly forcibly stripped Krishna Avtar, restrained his hands and feet, and repeatedly assaulted him, including targeting his private parts. He reportedly lost consciousness during the assault and was subjected to further violence after regaining consciousness. He was initially taken to a local health centre before being shifted to Sawai Man Singh (SMS) Hospital in Jaipur in a critical condition.

NHRC's Assessment and Directions

The NHRC observed that the allegations, if established, would disclose a grave instance of custodial violence involving physical torture, forced stripping, humiliation and deliberate infliction of injuries upon a person under police control. The Commission noted that the reported involvement of multiple police officials, the severity of the alleged assault, the loss of consciousness and subsequent hospitalisation warranted an independent, impartial and time-bound examination.

The apex human rights body stated that such conduct, if proven, would constitute a serious infringement of the right to life, personal liberty and human dignity guaranteed under Article 21 of the Constitution, and could attract criminal liability under applicable laws. Crucially, the Commission clarified that custodial violence could not be treated as mere departmental misconduct.

On the Suspension of Six Police Personnel

The NHRC took note of the reported suspension of six police personnel in connection with the incident. However, it made clear that departmental suspension cannot substitute criminal investigation and accountability where the allegations disclose cognisable offences. 'The Commission makes it clear that departmental suspension cannot substitute criminal investigation and accountability where the allegations disclose the commission of cognisable offences,' the order stated.

This is a significant assertion — it signals that administrative action already taken by the state government does not insulate the accused officials from criminal proceedings.

Key Directives to DGP and Chief Secretary

DGP Rajeev Kumar Sharma has been directed to furnish details of the circumstances, date, time, grounds and legal authority under which Krishna Avtar was apprehended, including compliance with mandatory arrest and detention safeguards. He has been asked to submit details of any FIR registered, the offences invoked and the status of the investigation, and to explain the absence of an FIR if none has been filed. The DGP has also been directed to ensure the immediate securing of CCTV footage from police station entry and exit points, corridors and lock-up areas — and to account for any missing or deleted footage.

Chief Secretary V. Srinivas has been separately directed to ensure immediate and appropriate medical treatment, specialised care and rehabilitation for the victim, along with continuous monitoring of his condition. The Chief Secretary must also examine and fix administrative accountability, including supervisory negligence, and ensure adequate protection for Krishna Avtar, his family and witnesses from any intimidation or interference by the accused personnel. The state government has been asked to examine the possibility of interim compensation in accordance with law.

Broader Significance

This comes amid sustained scrutiny of custodial violence across India, with the NHRC having repeatedly flagged that police stations remain the most common site of human rights violations. The involvement of an RSS functionary lends political visibility to the case, though the NHRC's intervention is rooted in the universal custodial safeguards that apply regardless of the victim's affiliation. Both the Chief Secretary and the DGP have been given a two-week deadline to submit their ATRs along with supporting documents on criminal and departmental action, medical records, victim protection measures and compensation details. The outcome of those reports will determine the Commission's next steps.