Custodial Justice - State's Duty to Care for persons in custody
The State owes a particularly duty to those involuntarily in its custody. Such persons must be protected against violence or abuse at the hands of state agents. Reasonable care must be taken to safeguard their lives and persons against the risk of avoidable harm. Based on these observations the Commission gave the following directions in various cases involving persons in custody.
Malda Court Lock-up Deaths
The next of kin of deceased undertrials Anesh Das and Nemai Ghosh have been paid rupees one lakh each as compensation by the West Bengal Government on the direction of the Commission. The 2 undertrials died due to suffocation while lodged in an overcrowded court lock-up in Malda in August 2002. The state government also informed the Commission that departmental action against the police personnel responsible for the incident has been carried out. Renovation is being done in the Malda Court lock-up and construction of a new court building at Malda is also being considered, it said.
Death of Chigga in M.P. police custody
Following the Commission' recommendations, the Government of Madhya Pradesh has paid an interim relief of Rs. 20,000 to the wife of deceased undertrial Chigga. Chigga died on 16 Oct. 2000 while in custody at Sirsi police station in Guna district of Madhya Pradesh as a result of serious injuries he suffered in a scuffle. Though the police had no role in the scuffle, yet the Commission observed that negligence on their part in not providing medical treatment to Chigga while in their custody was the immediate and proximate cause of death.
Interim relief for Sher Mohammad's death
The Uttar Pradesh government has been directed by the Commission to pay Rs. 1 lakh by way of interim relief to the next of kin of deceased undertrial prisoner Sher Mohammad, and the compliance report be sent within 6 weeks. The Superintendent of Police Badaun, intimated the Commission of his death, on 23 February 1996. The Magisterial Inquiry report when called for by the Commission stated that Sher Mohammad was beaten up by the SHO and died as a result of police torture while being interrogated.
Prisoner shot at and injured in police lock-up
Taking up the complaint of Rajesh Saini, a prisoner who suffered injuries after being shot at by a co-prisoner while in the police lock-up of Kotwali Shamli in Muzaffarnagar district of Uttar Pradesh, the Commission directed the state Government to pay Rs. 1 lakh as immediate interim relief. Since the SI and constable did not take any action to save Rajesh Saini, they have been found quilty of deriliction of duty and placed under suspension.
Attack by Co-prisoners on an Agra prison inmate
Perm Chand while lodged in district jail, Agra was attacked with a broken bottle and blade by co-prisoners and as a result he suffered injuries. His brother approached the Commission based on which a report was sought from IG (Prisons), U.P. The report admitted that the said incident took place in the jail precincts and there was negligence on the part of jail authorities. The two Wardens and Head Warden in charge of the said barracks, who were found guilty of negligence and dereliction of duty were placed under suspension and after completion of the departmental inquiry, their two increments were withheld. The Superintendent and Jailor concerned were punished with 'Censure'.
Since Prem Chand was beaten by co-prisoners and suffered injuries, due to negligence and lack of proper control by the jail authorities, the Commission observed that liability of the State for payment of immediate interim relief couldn't be doubted. It directed the UP Government to pay a sum of Rs.5, 000/- to Shri Prem Chand and send the compliance report within six weeks.
Malda Court Lock-up Deaths
The next of kin of deceased undertrials Anesh Das and Nemai Ghosh have been paid rupees one lakh each as compensation by the West Bengal Government on the direction of the Commission. The 2 undertrials died due to suffocation while lodged in an overcrowded court lock-up in Malda in August 2002. The state government also informed the Commission that departmental action against the police personnel responsible for the incident has been carried out. Renovation is being done in the Malda Court lock-up and construction of a new court building at Malda is also being considered, it said.
Death of Chigga in M.P. police custody
Following the Commission' recommendations, the Government of Madhya Pradesh has paid an interim relief of Rs. 20,000 to the wife of deceased undertrial Chigga. Chigga died on 16 Oct. 2000 while in custody at Sirsi police station in Guna district of Madhya Pradesh as a result of serious injuries he suffered in a scuffle. Though the police had no role in the scuffle, yet the Commission observed that negligence on their part in not providing medical treatment to Chigga while in their custody was the immediate and proximate cause of death.
Interim relief for Sher Mohammad's death
The Uttar Pradesh government has been directed by the Commission to pay Rs. 1 lakh by way of interim relief to the next of kin of deceased undertrial prisoner Sher Mohammad, and the compliance report be sent within 6 weeks. The Superintendent of Police Badaun, intimated the Commission of his death, on 23 February 1996. The Magisterial Inquiry report when called for by the Commission stated that Sher Mohammad was beaten up by the SHO and died as a result of police torture while being interrogated.
Prisoner shot at and injured in police lock-up
Taking up the complaint of Rajesh Saini, a prisoner who suffered injuries after being shot at by a co-prisoner while in the police lock-up of Kotwali Shamli in Muzaffarnagar district of Uttar Pradesh, the Commission directed the state Government to pay Rs. 1 lakh as immediate interim relief. Since the SI and constable did not take any action to save Rajesh Saini, they have been found quilty of deriliction of duty and placed under suspension.
Attack by Co-prisoners on an Agra prison inmate
Perm Chand while lodged in district jail, Agra was attacked with a broken bottle and blade by co-prisoners and as a result he suffered injuries. His brother approached the Commission based on which a report was sought from IG (Prisons), U.P. The report admitted that the said incident took place in the jail precincts and there was negligence on the part of jail authorities. The two Wardens and Head Warden in charge of the said barracks, who were found guilty of negligence and dereliction of duty were placed under suspension and after completion of the departmental inquiry, their two increments were withheld. The Superintendent and Jailor concerned were punished with 'Censure'.
Since Prem Chand was beaten by co-prisoners and suffered injuries, due to negligence and lack of proper control by the jail authorities, the Commission observed that liability of the State for payment of immediate interim relief couldn't be doubted. It directed the UP Government to pay a sum of Rs.5, 000/- to Shri Prem Chand and send the compliance report within six weeks.