The Karnataka State Human Rights Commission (KSHRC) has directed the Karnataka State Police to pay compensation of Rs 75,000 to a Japanese national.
Japanese student Hirochi Tanaka was deported back home in April last year after his visa expired, but before that he filed a case against RT Nagar’s (now retired) assistant police inspector, Hanumantharayaba, alleging police brutality. A month before his deportation, Tanaka reportedly stole a chair from JC Nagar ACP’s office in an attempt to stay in India to fight the case.
As requested by the head of the KSHRC, Judge Dr. “The state government shall consider taking disciplinary action and recovering the amount required to be paid by way of compensation as mentioned above, from PSI,” the order transcript states.
Speaking to Indianexpress.com by phone, Tanaka, who is now in Japan, said he was pleased with the KSHRC order. He added that he will return to India to file a criminal case against Hanumantharayappa and also be reunited with his girlfriend who has been missing for more than a year.
I am happy with the committee’s decision. I wanted justice and fought for it. I was not able to come to India as I started a new job here. “Since the case has now come to a logical conclusion, I will come to India and file a case in court against police brutality,” said 32-year-old Tanaka.
Read also: The surprising reason why a Japanese student stole Bengaluru ACP Chair
It all started in 2019 when Tanaka came to Bengaluru to learn English and enrolled in a training centre. However, he was arrested after a false case was filed against him but later the FIR was overturned by the court. Disappointed by this experience, Tanaka filed a complaint with the Human Rights Commission in December 2020. He alleged that Hanumantharayappa had harassed him and due process was not followed.
Days after he filed the complaint, his visa expired and the police prepared to deport him. Then in March of last year, Tanaka went to the office of JC Nagar ACP and took a chair home, and took pictures of his “crime”. He later said that he held the presidency until he was sued and got a chance to continue to stay in India in order to fight the complaint he had filed with KSHRC.
However, police officials did not register a complaint about the chair’s dismissal, but issued a notice for him to leave the country due to the expiration of his visa term. On March 3, he was sent to a detention center for overstaying in India and later deported to Japan.
Tanaka had claimed that the police removed him from his residence while investigating the now-defunct FIR. He added that his documents such as passport, credit cards, debit cards, cash and mobile phone were also withdrawn and he did not have the opportunity to speak with his family members or even the Japanese consulate. He also said he was not provided with medication even though he suffers from attention-deficit/hyperactivity disorder.
While hearing Tanaka’s petition, the commission said: “It appears that the police officers involved failed to follow the procedure.” She added, then, “The PSI was allowed to RT Nagar Police Station to register the crime and investigate the matter under IPC 323, 506 in the Non-Identification Report against the accused. It is therefore clear that there is no court order for the arrest of the petitioner as described in the notification to PSI and there was no warrant for his arrest.”
“It was clear that the arrest of the complainant was unlawful and without legal authority by PSI Hanumantharayappa at the time. The Committee leads in detail to the conclusion that appropriate procedure was not followed in this case. The arrest and detention of the complainant was unlawful and in violation of his human rights. Hence , it is necessary to compensate the complainant for the illegal offense committed by Hanumanthrayaba who was expected to protect law and order and uphold the rights of the people.”
The order said that the commission had given a period of one month to the concerned government or authority to submit its response and also to inform it of the action taken or proposed to be taken in this regard.