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NHRC, India takes suo motu cognizance of the reported illegal detention and torture of a journalist by the Rajkot Crime Branch police in Gujarat

April 08, 2026 5 min read Social Issues Polity & Governance GS Paper 2 (Governance Fundamental Rights Statutory Bodies Media Freedom)
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What Happened

  • The National Human Rights Commission (NHRC) took suo motu cognizance of a media report describing the unlawful detention and torture of a journalist by the Rajkot Crime Branch police in Gujarat on March 22, 2026.
  • According to the media report (published March 29, 2026), the journalist — who operates an online media outlet — was apprehended by the Crime Branch without following due legal process.
  • The journalist was allegedly stripped naked, suspended upside down, subjected to physical torture resulting in serious injuries, and threatened with false criminal cases and demolition of his house.
  • Police allegedly also attempted to threaten staff at Rajkot Civil Hospital against admitting the victim; the journalist was admitted the following day, March 23, 2026.
  • The NHRC issued a notice to the Director General of Police, Gujarat, calling for a detailed report within two weeks, including the current status of any internal investigation and the health condition of the victim.
  • The Commission characterised the alleged conduct as a serious violation of the journalist's human rights and an affront to the rule of law.

Static Topic Bridges

National Human Rights Commission (NHRC) — Composition, Powers, and Limitations

The NHRC is India's apex statutory body for the protection and promotion of human rights, established under the Protection of Human Rights Act, 1993.

  • Composition: Chairperson must be a retired Chief Justice of India or a retired judge of the Supreme Court; five full-time members including one former Supreme Court judge, one former High Court Chief Justice, and three persons with knowledge/experience in human rights (at least one woman). Chairpersons of National Commissions for Women, Minorities, SC/ST, and Backward Classes serve as ex-officio members.
  • Suo Motu Power: The NHRC may take cognizance of any violation of human rights on its own initiative, without waiting for a formal complaint — it does so typically on reading media reports of egregious violations.
  • Time Limit: NHRC cannot take up cases older than one year from the date of the alleged violation.
  • Scope: Can investigate complaints against central and state government officials; cannot investigate the armed forces (a significant limitation).
  • Powers: Has the powers of a civil court in summoning witnesses, examining documents, receiving evidence, and issuing commissions. Can recommend payment of compensation, approach courts for interim relief, and review safeguards.
  • Limitations: NHRC recommendations are not binding — it can only recommend remedies; final enforcement rests with the executive. Cannot directly prosecute police officers.
  • Established under: Protection of Human Rights Act, 1993; amended in 2006 and 2019.

Connection to this news: The NHRC's suo motu action on a media report — without a formal complaint from the victim — exemplifies its proactive use of this power when victims are vulnerable or unable to approach the Commission directly, as in cases of custodial violence.

Custodial Violence and Fundamental Rights in India

Custodial violence — torture, ill-treatment, and deaths in police or judicial custody — is a persistent human rights problem in India that implicates fundamental rights under Articles 21 and 22, and specific directions from the Supreme Court.

  • Article 21 (Right to Life and Personal Liberty) has been interpreted by the Supreme Court to include the right against torture and the right to dignified treatment even during detention.
  • Article 22 protects against arbitrary arrest and detention, requires informing a detained person of grounds of arrest, provides the right to legal counsel, and mandates production before a magistrate within 24 hours.
  • D.K. Basu v. State of West Bengal (1996): The Supreme Court laid down 11 specific guidelines that police must follow during arrest and detention — including notifying a relative, maintaining arrest memos, and prohibition of torture. Violations render the officers liable for contempt of court.
  • Section 197 CrPC (now Section 218 BNSS) requires prior government sanction to prosecute public servants for acts done in discharge of official duty — a provision often used to shield police officers from prosecution.
  • NHRC data: India registers hundreds of custodial death cases annually; the NHRC has consistently flagged that actual numbers are higher than officially reported.
  • Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, arrest procedures and accountability norms are similar to those in the old CrPC but with some new safeguards.
  • India has signed but not ratified the UN Convention Against Torture (UNCAT).

Connection to this news: The Rajkot incident — alleged stripping, suspension, and physical torture — is a textbook violation of D.K. Basu guidelines and Article 21. The hospital staff intimidation adds an obstruction of justice dimension. The NHRC notice to the DGP is the first formal step in a process that can result in compensation recommendation and departmental action.

Press Freedom and Journalist Safety in India

India has consistently ranked in the lower half of global press freedom indices, with journalists — particularly those running independent digital outlets — facing intimidation, legal harassment, and physical threats.

  • India ranked 159th out of 180 countries in the Reporters Without Borders (RSF) World Press Freedom Index 2025.
  • The Press Council of India (PCI) regulates print media; there is no equivalent statutory body for digital media.
  • The Digital Media Ethics Code under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 regulates news publishers on digital platforms but has been criticised for potential overreach.
  • Journalists are frequently charged under defamation law (Section 499 IPC/BNS), UAPA, Sedition (now Section 152 BNS), and the National Security Act for their reporting.
  • The Protection of Journalists Bill has been pending consideration for several years with no legislative progress.
  • Independent digital journalists — like the Rajkot victim — operate with the least institutional protection compared to journalists at large media houses.

Connection to this news: The fact that the victim operates an online media outlet suggests a pattern of using police force to intimidate independent digital journalists who may be covering local administration, crime, or corruption. The NHRC's intervention lends official legitimacy to the complaint and creates a formal accountability trail.

Key Facts & Data

  • Incident date: March 22, 2026 — journalist allegedly detained by Rajkot Crime Branch, Gujarat.
  • Media report date: March 29, 2026.
  • Journalist admitted to Rajkot Civil Hospital: March 23, 2026.
  • NHRC: took suo motu cognizance; issued notice to DGP, Gujarat for report within two weeks.
  • Alleged acts: illegal detention without due process, stripping, suspension, physical torture, threats of false FIR and house demolition, intimidation of hospital staff.
  • Journalist operates an independent online media outlet.
  • NHRC established under Protection of Human Rights Act, 1993; amended 2006, 2019.
  • D.K. Basu v. State of West Bengal (1996): Supreme Court guidelines on police arrest/detention procedures.
  • India has signed but not ratified the UN Convention Against Torture.
  • India ranked 159th (RSF Press Freedom Index 2025).