NHRC issues summons to the District Magistrate, Palakkad, Kerala in a case of death in police custody: Another case of death in police custody in the State is under consideration of the Commission
New Delhi, July 9th, 2010
The National Human Rights Commission has issued conditional summons for the personal appearance of District Magistrate, Palakkad on the 20th August, 2010, in connection with non-compliance of its recommendations seeking various reports in a case of death in police custody in the District.
Sambath aged 30 years was arrested by the police personnel of police station, Town North on the 29th March, 2010 having been found in possession of ornaments worn by one Sheela, who was murdered, and a case crime number 246/10 was registered. He complained of uneasiness and chest pain, and collapsed in the lockup. Sambath was taken to District hospital Palakkad, where he was declared brought dead.
The Commission registered the case no. 112/11/10/2010 in the matter on receiving an intimation on the 1st April, 2010, about the incident from SP Police, Palakkad, Kerala. Thereafter, the Commission asked the District Magistrate, Palakka to send various reports including inquest , post-mortem and the Magisterial inquiry reports vide letter dated 28th April, 2010.
The Commission received a letter dated 7th May, 2010 from board of doctors. Histopathological findings do not indicate any arterial or myocardial pathology. Lungs show interstitial haemorrhage, skin shows features suggestive of burns, subcutaneous haemorrhage, based on the gross morphological findings noted at autopsy and microscopic findings. They have submitted additional opinion holding heart as normal and an electric Burn mark on the body of the deceased.
The Commission on the 6th July, 2010 observed that despite sufficient time and opportunity having been given to the concerned District Magistrate, all the required reports in the matter have not been provided to the Commission and issued conditional summons for the appearance of District Magistrate, Palakkad. In case the reports are received on or before the 13th August, 2010, the personal appearance of the concerned District Magistrate shall stand dispensed with.
In another case relating to death in police lockup in the District Kannur, Kerala, Komath Nazar, aged 38 years died in the lockup of Thalassery Police Station on the 25th January, 2010. Superintendant of Police, District Kannur, Kerala had intimated the Commission that he attempted suicide in the lockup. The case was registered under no. 28/11/2/2010 in the Commission. Copy of inquest report and post mortem report provided by the State Authorities in response to Commission's notices are under the consideration of the Commission.
A complaint regarding the incident was also received in the Commission by Mr. Suhas Chakma. Copies of inquest and post mortem reports have been provided by the State Authorities in response to Commissions notices. However, they are yet to send the Magisterial inquiry report for the consideration of the Commission.
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