NHRC directs Punjab Government on custodial death case
The Commission has directed the Punjab Government to pay an interim relief of Rs. 1.00 lakh to the next of kin of an undertrial, who died in police custody in Ferozepore district. It has also asked the Government to initiate departmental action against the errant police officials whose negligence caused the unfortunate tragedy.
The Commission had taken cognizance of a report sent by the Senior Superintendent of Police, Ferozepore on the death of one Kartar Singh in the Zira Police Station on 30 September 1995. In his report, the SSP had indicated that Shri Kartar Singh, who was arrested on 29 September 1995, had died a `natural death’ in the police lock-up the next day. He had ordered a magisterial inquiry into the circumstances leading to the victim’s death. The magisterial inquiry had ruled out the possibility of any involvement of the police and was of the view that "the death was probably due to the intake of narcotic drugs or release of the same." However, the post-mortem report revealed that the deceased had sustained physical injuries.
The Commission thus directed its Director General (Investigation) to look into the matter. According to the report of the NHRC Investigation Division, Kartar Singh was a tempo driver at Zira, who had quit his job and returned to his village. He had got addicted to drugs and had started committing petty thefts to meet his expenses. On 28 September 1995, he was caught red-handed while stealing in a shop. Upon a complaint of the shop owner, he was arrested by the police on the next day and put in the police lock-up. In the morning of 30 September 1995, he has found dead. The Investigation Team confirmed that Kartar Singh had neither been beaten nor tortured and that the injuries found on him were mostly abrasions, which were 4 to 7 days old. However, the chemical examination of the viscera and the pathological report indicated that the cause of death had been poisoning by Zinc Phosphide, a pesticide that had been consumed less than 24 hours before death.
This view was contrary to the version given by the State authorities. The Commission felt that the circumstances brought on record were indicative of negligence on the part of the police officials concerned to arrange for timely medical aid to the deceased. It accordingly recommended that the State should compensate the kin of the deceased and take action against the police officials who were entrusted with the responsibility of guarding him in police custody.
The Commission had taken cognizance of a report sent by the Senior Superintendent of Police, Ferozepore on the death of one Kartar Singh in the Zira Police Station on 30 September 1995. In his report, the SSP had indicated that Shri Kartar Singh, who was arrested on 29 September 1995, had died a `natural death’ in the police lock-up the next day. He had ordered a magisterial inquiry into the circumstances leading to the victim’s death. The magisterial inquiry had ruled out the possibility of any involvement of the police and was of the view that "the death was probably due to the intake of narcotic drugs or release of the same." However, the post-mortem report revealed that the deceased had sustained physical injuries.
The Commission thus directed its Director General (Investigation) to look into the matter. According to the report of the NHRC Investigation Division, Kartar Singh was a tempo driver at Zira, who had quit his job and returned to his village. He had got addicted to drugs and had started committing petty thefts to meet his expenses. On 28 September 1995, he was caught red-handed while stealing in a shop. Upon a complaint of the shop owner, he was arrested by the police on the next day and put in the police lock-up. In the morning of 30 September 1995, he has found dead. The Investigation Team confirmed that Kartar Singh had neither been beaten nor tortured and that the injuries found on him were mostly abrasions, which were 4 to 7 days old. However, the chemical examination of the viscera and the pathological report indicated that the cause of death had been poisoning by Zinc Phosphide, a pesticide that had been consumed less than 24 hours before death.
This view was contrary to the version given by the State authorities. The Commission felt that the circumstances brought on record were indicative of negligence on the part of the police officials concerned to arrange for timely medical aid to the deceased. It accordingly recommended that the State should compensate the kin of the deceased and take action against the police officials who were entrusted with the responsibility of guarding him in police custody.