NHRC recommends Rupees One Lakh as monetary relief in a case of death in Police custody in Bihar
New Delhi the 25th September 2009
The National Human Rights Commission has recommended that the Government of Bihar pay a sum of rupees one lakh as monetary relief to the next of kin of Mukhi Chowdhary who died in the police custody. The Commission has also asked for a compliance report with proof of payment.
This case relates to the custodial death of Mukhi Chowdhary, S/o Roopa Chowdhary. The deceased was arrested on 27th August, 2003 at 5.30 A.M. in a case of theft registered at P.S. Manjhagarh, District Gopal Ganj, Bihar. He became unwell on the same day and was taken to hospital but he could not be saved.
The post-mortem and viscera report confirmed Mukhi Chowdhary had died due to consumption of Thimet poisoning.
The Commission issued Show Cause Notice to the Government of Bihar asking the State to explain as to how the poison became available to the deceased in police custody. The State Government had not responded to the show because notice within the prescribed time, the Commission presumed that there was negligence on the part of the detaining authority. The State Government has not explained as to how deceased Mukhi Chowdhary got the poison in police custody. The Commission drew the inference that either the deceased was not properly searched at the time of arrest or the poisonous substance was made available to him while he was in custody. In either case, the State would be liable for loss of life.
The Commission took up the case in the year 2003 on the basis of intimation received from DM, Gopalgang.
The National Human Rights Commission has recommended that the Government of Bihar pay a sum of rupees one lakh as monetary relief to the next of kin of Mukhi Chowdhary who died in the police custody. The Commission has also asked for a compliance report with proof of payment.
This case relates to the custodial death of Mukhi Chowdhary, S/o Roopa Chowdhary. The deceased was arrested on 27th August, 2003 at 5.30 A.M. in a case of theft registered at P.S. Manjhagarh, District Gopal Ganj, Bihar. He became unwell on the same day and was taken to hospital but he could not be saved.
The post-mortem and viscera report confirmed Mukhi Chowdhary had died due to consumption of Thimet poisoning.
The Commission issued Show Cause Notice to the Government of Bihar asking the State to explain as to how the poison became available to the deceased in police custody. The State Government had not responded to the show because notice within the prescribed time, the Commission presumed that there was negligence on the part of the detaining authority. The State Government has not explained as to how deceased Mukhi Chowdhary got the poison in police custody. The Commission drew the inference that either the deceased was not properly searched at the time of arrest or the poisonous substance was made available to him while he was in custody. In either case, the State would be liable for loss of life.
The Commission took up the case in the year 2003 on the basis of intimation received from DM, Gopalgang.