Allahabad High Court Criticises NHRC for Accepting Police Version in Custodial Death Case

The Allahabad High Court, in Association For Advocacy And Legal Initiatives Lko vs State of UP Thru. Sec. Home Lko And Others (Public Interest Litigation (PIL) No. – 16563 of 2010), has delivered a strong order on 18 May 2026 highlighting serious institutional lapses in the handling of a custodial death case involving a disabled person. The Court has sharply rebuked the National Human Rights Commission (NHRC) for virtually endorsing the police narrative without conducting an independent inquiry, and for closing the matter on that basis.

The Bench comprising Hon’ble Mr Justice Atul Sreedharan and Hon’ble Mr Justice Siddharth Nandan has also taken the rare step of candidly recording the High Court’s own failure in not ensuring expeditious and effective adjudication of the PIL filed as far back as 2010.

Background of the Case

Facts Relating to the Death of Nahar Singh @ Sneh

The PIL concerns the death of Nahar Singh @ Sneh, a physically disabled individual, who died in police custody on 09.05.2009 at Police Station Dannahar, District Mainpuri. He was discovered hanging in the urinal portion of the police lockup. The official version of the police and the State is that he committed suicide using his belt.

A disability certificate dated 12.09.2008, placed on record, mentions that he suffered from 40% physical disability. This fact assumes significance because, as the Court notes, the structural nature of a police lockup and the constant vigil in such premises make it highly unlikely that any person—more so one with 40% physical disability—could hang himself in the urinal area without the knowledge of the personnel present in the station.

Nature of a Police Lockup

The Bench emphasised that a lockup inside a police station is:

  • Not a secluded or sealed-off area;
  • A space meant for temporary detention or police remand before transfer to judicial custody;
  • Enclosed with iron bars and externally latched;
  • Continuously under watch of police staff.

Given these conditions, the Court expressed doubt over how a person with significant physical disability could successfully hang himself in such circumstances without attracting the attention of any police officer.

Role of the Petitioner Organization

The PIL has been filed by Association for Advocacy and Legal Initiatives (AALI), an organisation described as a women-led entity working for the protection and promotion of the rights of women, children and marginalised communities.

An affidavit filed by Apoorva Srivastava, as coordinator of AALI, sets out the organisation’s credentials and provides broader context by referring to data on custodial deaths in India:

  • For 2020-21, custodial deaths were stated to be 451;
  • For 2021-22, the number reportedly increased to 501;
  • The State of Uttar Pradesh is noted as topping the list for custodial deaths during 2021-22.

The PIL was instituted specifically to uncover the true circumstances surrounding the custodial death of Nahar Singh.

Institutional Failures Highlighted by the High Court

1. Delay and Inaction by the High Court Itself

Right at the outset, the Court recognises that the first level of institutional failure lies with the High Court. The PIL was filed in 2010, yet remained pending for sixteen years. Despite the seriousness of the allegations—custodial death of a disabled person—the matter was not dealt with on a priority basis.

The Bench notes that: