NHRC recommends to Chhattisgarh Government to pay Rupees three lakhs as compensation for custodial death
New Delhi April 11, 2008
The National Human Rights Commission, considering all the circumstances of the case filed by Kamla Devi, recommends to Chhattisgarh Government to pay an amount of rupees three lakhs to the next kin of deceased Gautam Singh.
The dead body of Gautam Singh, husband of Kamla Devi was found lying on a railway track near Janjgir station. The deceased was an accused in crime u/s 452/506 IPC registered at P.S. Rampur. The allegation against him was that he had forcibly obtained the signature of a lady on a promissory note.
The wife of the deceased alleged that her husband was taken to the police station and there he was subjected to torture and later on his dead body was thrown on the railway track. The police version stated that Gautam Singh escaped from the police custody and committed suicide.
On instruction of the Commission, the matter was enquired into by CB CID. The investigation disclosed that Gautam Singh has been kept in illegal detention at Rampur P.S. for four days. The two police officers who were found guilty of illegally detaining the accused have been punished by the department.
On consideration of the investigation report of the CB CID and the post-mortem report, which attributed the death to extensive trauma, the Commission found prima-facie that the possibility of torture in police custody could not be ruled out and therefore a show cause notice was issued to the State of Chhattisgarh.
In response to the show cause notice the additional SP, Korba, Chhattisgarh contended on behalf of the State that there was no evidence of torture in police custody. Only for interrogation, deceased Gautam Singh was called to the police station for three days and on all three days he was released after interrogation. It was only on August 22, 1995 that he secretly escaped from the police station while the enquiry was in progress.
It does not appeal to logic that the accused escaped from the police station during the interrogation and yet the police kept sitting idle till August 28, 1995 when the dead body was found on the railway track. The plea taken by the State is not at all tenable and in view of its inability to give a satisfactory explanation, the State must be held liable for the death of Gautam Singh.
Therefore, the Commission recommends to the State of Chhattisgarh to pay above compensation to the next kin of deceased Gautam Singh and also directs Chief Secretary of Chhattisgarh to submit compliance report alongwith proof of payment within eight weeks.
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The National Human Rights Commission, considering all the circumstances of the case filed by Kamla Devi, recommends to Chhattisgarh Government to pay an amount of rupees three lakhs to the next kin of deceased Gautam Singh.
The dead body of Gautam Singh, husband of Kamla Devi was found lying on a railway track near Janjgir station. The deceased was an accused in crime u/s 452/506 IPC registered at P.S. Rampur. The allegation against him was that he had forcibly obtained the signature of a lady on a promissory note.
The wife of the deceased alleged that her husband was taken to the police station and there he was subjected to torture and later on his dead body was thrown on the railway track. The police version stated that Gautam Singh escaped from the police custody and committed suicide.
On instruction of the Commission, the matter was enquired into by CB CID. The investigation disclosed that Gautam Singh has been kept in illegal detention at Rampur P.S. for four days. The two police officers who were found guilty of illegally detaining the accused have been punished by the department.
On consideration of the investigation report of the CB CID and the post-mortem report, which attributed the death to extensive trauma, the Commission found prima-facie that the possibility of torture in police custody could not be ruled out and therefore a show cause notice was issued to the State of Chhattisgarh.
In response to the show cause notice the additional SP, Korba, Chhattisgarh contended on behalf of the State that there was no evidence of torture in police custody. Only for interrogation, deceased Gautam Singh was called to the police station for three days and on all three days he was released after interrogation. It was only on August 22, 1995 that he secretly escaped from the police station while the enquiry was in progress.
It does not appeal to logic that the accused escaped from the police station during the interrogation and yet the police kept sitting idle till August 28, 1995 when the dead body was found on the railway track. The plea taken by the State is not at all tenable and in view of its inability to give a satisfactory explanation, the State must be held liable for the death of Gautam Singh.
Therefore, the Commission recommends to the State of Chhattisgarh to pay above compensation to the next kin of deceased Gautam Singh and also directs Chief Secretary of Chhattisgarh to submit compliance report alongwith proof of payment within eight weeks.
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