“The District Court of Bara verdict on April 30, 2017 in favour of victim Brij Kishor Shah is a winning situation for every right defenders. The court has ordered the government to provide compensation of RS 75,000 to the victim. Similarly, the court has recommended departmental action against police officers responsible of torture. THRD Alliance has provided legal aid to Brij Kishor Shah to fight against all the odds to justice.”
Brij Kishor Shah, a resident of rural municipality Matiarba 9, Bara district was allegedly arrested from his home on June 5, 2016. He claimed that he was beaten with Bamboo stick, fists and boots for twelve days in custody. The victim also claimed injuries in his head, ear and eye. Brij Kishor suffered severe headache due to injuries. He lost his hearing capactity and his visibility also became blur due to injuries.
Brij Kishor is a owner of Jayma Durga Traders. He said that Police Personnel from District Police Office Bara enterd his warehouse and forcibly took away the betel nuts he had purchased. The betel nuts were sent to Department of Revenue Investigation of Bara by the police. Shah filed a writ petition of Injunction in the Appellate court, Hetauda seeking to prevent the DRI from auctioning his goods. The court passed an interim order as demanded by the victim.
The police became furious with Brij Kishor for taking legal step against them. He was charged under Public Offence Act and he was arrested from his home when he was watching television. He was directly taken to chamber of Deputy Superintendent of Police (DSP). In his office, DSP shouted at that he was a smuggler and he had bribed Superintendent of Police (SP). He then ordered him to sign on a paper without reading out the contents of the paper. He refused to do that. He was beaten for refusing to sign the document.
The medical examination report proved that Brij Kishor Shah was tortured physically, mentally and emotionally in the custody. The family member of Brij Kishor was in great pain and they didn’t know where to go for help.They came to THRD Alliance for assistance. We assured family members to provide justice to Brij Kishor Shah.
THRD Alliance took this matter with grave concern and immediately requested our local lawyers to look in to this case. Without any delay, our lawyers assisted the victim to file a case in the District Court of Bara under Torture compensation Act (TCA) 1996. The victim was threatened with dire consequence if he did not drop the case. However, THRD Alliance took proper care of the victim and supported him to fight for justice. The court decision in favor of victim is a huge achievement for the victims of torture in getting justice.