NHRC has recommended to Delhi Government to pay rupees three lakhs as monetary relief for custodial death
New Delhi April 10, 2008
Considering all the circumstances of the case, referred by DCP, New Delhi on custodial death of Shri Lekhraj, the National Human Rights Commission has recommended to the Government of Delhi to pay an amount of rupees three lakhs as monetary relief to the next kin of the deceased.
Shri Lekhraj was arrested for probably involvement in the commission of robbery and he was taken in injured condition to RML, Hospital, New Delhi. After medical examination at the hospital, he was lodged in the police lock-up at Tilak Marg. At about 4 a.m on April 1, 2000, he was found dead in the police lock-up.
The post-mortem was conducted at Maulana Azad Medical College on April 2, 2000. Ten injuries including a contusion over occipital region were observed. The Post Mortem Surgeion expressed inability to give a definite opinion at that stage but observed that "there are findings of head injury and tubercular lungs". Subsequent opinion on cause of death was given by the doctor on July 14, 2000. It was opined that the "death was due to head injury and tuberculosis of both lungs. The injuries were ante-mortem recent in duration and could be produced as a result of fall as alleged".
The main question is as how to fatal head injury was caused - whether it was sustained by the deceased while trying to escape from the place of occurrence as stated by DCP, HQs, or it was inflicted by the police in custody.
SDM, Connaught Place who conducted enquiry into the circumstances of death disbelieved the police version. He observed as "From the statements of the eye witnesses, doctors who carried out the MLC and examination of Shri Lekhraj after admission in the hospital, goes to prove that this head injury must have been inflicted on the deceased during further interrogation by the police personnel while he was in police custody after discharge from RML Hospital".
On consideration of the magisterial enquiry report, the Commission has issued a show-cause notice to Chief Secretary, Government of Delhi. Additional Commissioner of Delhi Police has submitted response to the show cause notice on behalf of the State. He has submitted as follows:
"However, during a subsequent opinion asked by the I.O. Inspector Rakesh Dixit of Crime Branch the medical board answered that the injuries are of the same duration and it is possible that deceased sustained the fatal injury around noon on 31.3.2000, when he fell down while escaping after committing the robbery and he did not feel the pain/symptoms of the injury till 2.40 a.m. on the next day".
The plea taken by the State Government in response to the show cause notice is not tenable. There were ten ante-mortem injuries on the body of the deceased. Some of the injuries may have been sustained by him on March 3, 2000 when he was apprehended. On the same day at 11.55 p.m. he was taken to RML Hospital for medical examination. The MLC which was prepared in the hospital at that time does not show any injury on the head.
Thus, the Commission finds no merit in the explanation submitted by Additional Commissioner of Police on behalf of the State Government. The facts and circumstances of the case indicate that the fatal injury was inflicted by the police when the deceased was brought to the police station after discharge from the hospital. The death can be reasonably attributed to an act of the police. Therefore, NHRC has recommended that the State must compensate the family of the deceased Lekhraj by paying the above monetary relief and also directed the Chief Secretary, Government of Delhi to submit compliance report alongwith proof of payment within eight weeks.
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Considering all the circumstances of the case, referred by DCP, New Delhi on custodial death of Shri Lekhraj, the National Human Rights Commission has recommended to the Government of Delhi to pay an amount of rupees three lakhs as monetary relief to the next kin of the deceased.
Shri Lekhraj was arrested for probably involvement in the commission of robbery and he was taken in injured condition to RML, Hospital, New Delhi. After medical examination at the hospital, he was lodged in the police lock-up at Tilak Marg. At about 4 a.m on April 1, 2000, he was found dead in the police lock-up.
The post-mortem was conducted at Maulana Azad Medical College on April 2, 2000. Ten injuries including a contusion over occipital region were observed. The Post Mortem Surgeion expressed inability to give a definite opinion at that stage but observed that "there are findings of head injury and tubercular lungs". Subsequent opinion on cause of death was given by the doctor on July 14, 2000. It was opined that the "death was due to head injury and tuberculosis of both lungs. The injuries were ante-mortem recent in duration and could be produced as a result of fall as alleged".
The main question is as how to fatal head injury was caused - whether it was sustained by the deceased while trying to escape from the place of occurrence as stated by DCP, HQs, or it was inflicted by the police in custody.
SDM, Connaught Place who conducted enquiry into the circumstances of death disbelieved the police version. He observed as "From the statements of the eye witnesses, doctors who carried out the MLC and examination of Shri Lekhraj after admission in the hospital, goes to prove that this head injury must have been inflicted on the deceased during further interrogation by the police personnel while he was in police custody after discharge from RML Hospital".
On consideration of the magisterial enquiry report, the Commission has issued a show-cause notice to Chief Secretary, Government of Delhi. Additional Commissioner of Delhi Police has submitted response to the show cause notice on behalf of the State. He has submitted as follows:
"However, during a subsequent opinion asked by the I.O. Inspector Rakesh Dixit of Crime Branch the medical board answered that the injuries are of the same duration and it is possible that deceased sustained the fatal injury around noon on 31.3.2000, when he fell down while escaping after committing the robbery and he did not feel the pain/symptoms of the injury till 2.40 a.m. on the next day".
The plea taken by the State Government in response to the show cause notice is not tenable. There were ten ante-mortem injuries on the body of the deceased. Some of the injuries may have been sustained by him on March 3, 2000 when he was apprehended. On the same day at 11.55 p.m. he was taken to RML Hospital for medical examination. The MLC which was prepared in the hospital at that time does not show any injury on the head.
Thus, the Commission finds no merit in the explanation submitted by Additional Commissioner of Police on behalf of the State Government. The facts and circumstances of the case indicate that the fatal injury was inflicted by the police when the deceased was brought to the police station after discharge from the hospital. The death can be reasonably attributed to an act of the police. Therefore, NHRC has recommended that the State must compensate the family of the deceased Lekhraj by paying the above monetary relief and also directed the Chief Secretary, Government of Delhi to submit compliance report alongwith proof of payment within eight weeks.
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