The Maharashtra State Human Rights Commission (SHRC) has ordered the state to pay Deepak Yadav, a loader, a compensation amount of Rs50,000 within six weeks for being physically assaulted by a police officer in Dharavi. The incident occurred on June 30, when Yadav was unloading merchandise from a vehicle outside a shop. The SHRC ruled that the assault, which was captured on CCTV, amounted to a violation of Yadav’s human rights.
The complaint was filed by Arjun Nadar, owner of Balkrishna Farsan Mart, who witnessed the incident and reported the harassment to the SHRC via email. Nadar claimed that while his staff was unloading goods, a police officer assaulted Yadav without provocation. He also submitted YouTube video links as evidence to support his complaint.
The SHRC bench (presided over by Justice K K Tated and Sanjay Kumar) issued summons to the Commissioner of Police and Deputy Commissioner of Police (Zone 5), asking them to conduct an inquiry and submit their findings. The Assistant Commissioner of Police (ACP) for Kurla division submitted a fact-finding report on August 19.
The police report stated that on the day of the incident, officers were instructed to remove improperly parked vehicles to ensure traffic flow. While patrolling, the officers encountered Yadav’s vehicle, which was unloading goods. According to the report, Yadav had an altercation with ASI Chandrabhan Kashinath Andhale, leading to Yadav and the alternate driver being taken to the police station. However, both were released after tendering apologies, with no official action taken against them.
The SHRC’s review of the CCTV footage contradicted the police report. The footage showed that Yadav had not engaged in any argument or altercation with the officer. Instead, it depicted ASI Andhale repeatedly slapping Yadav in public without provocation, while Yadav made defensive gestures to withdraw from the assault. The SHRC found no evidence to support the police claim that Yadav had obstructed traffic, noting that other vehicles were parked nearby, and Yadav’s vehicle was merely unloading goods.
The SHRC also criticised the senior police inspector of the Dharavi police station for failing to address Nadar’s complaint when he visited the station with CCTV footage of the assault. Despite the footage showing clear evidence of police misconduct, no action was taken and the complaint was dismissed.
In its ruling, the SHRC condemned the use of physical force by the police, calling it an abuse of power and a violation of fundamental rights under Article 21 of the Constitution. The commission referenced the Supreme Court’s judgment in the ‘D.K. Basu vs. State of West Bengal’ case, which emphasised that any form of torture or degrading treatment falls within the prohibition of Article 21.
