The National Human Rights Commission (NHRC) has issued a showcause notice to Delhi government asking why monetary relief of Rs 5 lakh should not be recommended to be paid to Mohammad Amir for his wrongful confinement for 14 years as a terrorist.
According to the Commission, Amir's entire youth was destroyed due to his wrongful arrest on February 27, 1998, from old Delhi on the allegation of being 'terrorist' when he had just turned 18.
Amir had been acquitted in 17 cases, including one by the High Court of Delhi.
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The Commission has given six weeks to the Chief Secretary, Government of NCT of Delhi to respond.
"The sufferings faced by him have been long and arduous and the damage caused to him by the conduct of the state authorities is immense and exemplary. In the circumstances, the state must compensate the damage caused by its employees to the victim.
"Moreover, the life ahead of the victim from this point does not seem to be a smooth one as he has lost his parents, his career, his hopes, dreams and everything. But the hard fact is that he has to overcome the same and return to the mainstream of life and prove his worth as an ideal citizen of the country," observed Justice D Murugesan, member, NHRC.
The Commission observed that it cannot be disputed that the security of the nation stands atop all other considerations and security of the nation is primary and sacred duty of every organ of the state. But not an iota of evidence was produced in the court to connect Amir with any of the alleged crimes, it said.
The Commission said that the chronicle of allegations made against the victim only piled up over the years without any substance.
"The material on record reflects the excesses committed by the concerned police authorities and also how he suffered incarceration silently. His conduct in the prison was found very satisfactory and praiseworthy by the Jailor of District Jail, Ghaziabad.
"All the newspaper reports were unanimous over the human rights violation of the victim and the Commission cannot afford to differ with the wisdom displayed by the courts and media," the Commission said.