New Delhi, 9th January, 2013
The National Human Rights Commission has asked the Delhi Government to pay rupees seven lakhs as monetary relief in three cases of deaths in judicial custody. It has also called for compliance report from the Chief Secretary along with the proof of payment.

In one of the cases, under-trial prisoner Raju, aged about 32 years, died in the night between 6th-7th April, 2011 in the District Jail, Rohini. The jail officials brought him to the jail hospital with alleged history of physical assault by co-inmates. The prisoner was unconscious and on examination was found dead. The post-mortem showed that there were a number of ante-mortem injuries caused by hard blunt objects on the different parts of Raju's body.

Setting aside the contention of the DG (Prisons), Delhi that no compensation may be awarded in the case, the Commission said that the prison authorities are expected to prevent the attack on the body of a prisoner and to save him from any violence and injury caused not only by jail officials but also by co-prisoners. Since they failed to perform their duty as per law, the State is liable to compensate the next of kin or family members of the deceased prisoner by making a payment of rupees three lakhs. A compliance report along with proof of payment has been asked by the 24th January, 2013.

In another case, under-trail prisoner Rakesh died on the 10th November, 2011 while undergoing treatment for his injuries in Deen Dayal Upadhyay Hosptial. He was lodged in Central Jail No. 8/9, Tihar. The Metropolitan Magistrate, Delhi in his enquiry concluded that initial circumstances surrounding the infliction of blunt trauma upon the abdomen of the inmate was stated to be a fall from stairs and the immediate cause of death. This gave rise to cloud of suspicion.

Having received no response to the show cause notices of the Commission from the Chief Secretary, Government of NCT Delhi, the Commission observed that it appeared that it had nothing to say in the matter. Hence, it recommended that the Delhi Government pay rupees three lakhs as interim relief to the next of kin of deceased. The Commission has also called for a compliance report along with proof of payment by first of the next month.

In the third case of death in judicial custody in the National Capital, Vishabh Chaudhary, a convicted prisoner, committed suicide in District Jail, Rohini by hanging himself near the dressing OPD of the Dispensary ward of the District Jail on the 22nd April, 2010. The Commission based on the material on record has observed that the detaining authority had not taken adequate precaution to prevent the prisoner from harming himself. For this breach of duty in taking care of the prisoner, the State must bear liability and pay rupees one lakh to the next of kin of deceased. The compliance report along with proof of payment has been sought by the 14th February, 2013.


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