NHRC recommends compensatation of Rs. Three lakhs to the custodial death victim
The National Human Rights Commission has recommended to the Government of NCT of Delhi to pay a sum of Rupees Three lakhs as monetary relief to the next of kin of deceased Pappan , an under-trial prisoner who died in police custody on 4th May 2003.
Taking cognizance on the death of under-trial prisoner Pappan, Supdt. Central Jail No. 4, Tihar, New Delhi forwarded an information sheet which revealed that the likely cause of death of the prisoner was "Natural". The post-mortem report, however, revealed eight ante-mortem injuries, including a contused eye with bruise in an area of 10x6 cm. The post-mortem surgeon opined that the cause of death was "crania cerebral damage consequent upon blunt force impact over the right eye and adjoining area." SDM, Rajouri Garden, Delhi who conducted an inquiry into the circumstances of death concluded in his report that "the death of Shri Pappan was unnatural death due to violence sustained on the prisoner." The Magistrate also indicted the doctors of negligence in treatment. Additional DCP (Vigilance) submitted a report dated 16/12/2008 which indicated that deceased Pappan was beaten by Sewadar-cum- convict Rajesh and two others on the night of 2/5/2003. It is further reported that Rajesh was released from jail after the completion of sentence and now his
whereabouts are not known. The deceased was all along treated for withdrawal of alcohol symptoms.
The Commission held that the deceased was never treated for cranial injury sustained by him as a result of assault by Sewadar-cum-convict Rajesh. Therefore, the death of the under-trial prisoner Pappan also attributed to the negligence on the part doctor. Thus, the deceased not only became a victim of assault in jail, but also to the negligence on the part of doctors.
Considering all the circumstances, the NHRC has recommended to the Government of NCT of Delhi to pay a compensation of Rs. Three lakhs to the next of kin of the deceased Pappan. The Commission directed to send compliance report with proof of payment within eight weeks.
Taking cognizance on the death of under-trial prisoner Pappan, Supdt. Central Jail No. 4, Tihar, New Delhi forwarded an information sheet which revealed that the likely cause of death of the prisoner was "Natural". The post-mortem report, however, revealed eight ante-mortem injuries, including a contused eye with bruise in an area of 10x6 cm. The post-mortem surgeon opined that the cause of death was "crania cerebral damage consequent upon blunt force impact over the right eye and adjoining area." SDM, Rajouri Garden, Delhi who conducted an inquiry into the circumstances of death concluded in his report that "the death of Shri Pappan was unnatural death due to violence sustained on the prisoner." The Magistrate also indicted the doctors of negligence in treatment. Additional DCP (Vigilance) submitted a report dated 16/12/2008 which indicated that deceased Pappan was beaten by Sewadar-cum- convict Rajesh and two others on the night of 2/5/2003. It is further reported that Rajesh was released from jail after the completion of sentence and now his
whereabouts are not known. The deceased was all along treated for withdrawal of alcohol symptoms.
The Commission held that the deceased was never treated for cranial injury sustained by him as a result of assault by Sewadar-cum-convict Rajesh. Therefore, the death of the under-trial prisoner Pappan also attributed to the negligence on the part doctor. Thus, the deceased not only became a victim of assault in jail, but also to the negligence on the part of doctors.
Considering all the circumstances, the NHRC has recommended to the Government of NCT of Delhi to pay a compensation of Rs. Three lakhs to the next of kin of the deceased Pappan. The Commission directed to send compliance report with proof of payment within eight weeks.