NHRC recommends to the Government of Punjab to pay monetary relief of Rupees One Lakh to the next of kin under trial prisoner
New Delhi, May 01, 2009
In a case of custodial death in prison, the National Human Rights Commission has recommended Punjab Government to pay One Lakh rupees as monetary relief to the next of kin of under trial prisoner Amarjit Singh. It has also sought a compliance report along with proof of payment within eight weeks from the receipt of letter.
The Commission during the course of the proceedings in the matte found that Amarjit Singh was sent to the Court on 22nd February 2004 for hearing of his case. When he returned to the jail from the court, he was hale and hearty. After dinner, he suddenly became unwell. He was sent to hospital but his life could not be saved. The post mortem report could not ascertain the cause of his death. The viscera report indicated that the prisoner had consumed insecticide either in the judicial lock-up or during the return journey from the court. During the magisterial enquiry, it was not ascertained from where the prisoner got the poison and when he consumed it. However, there was no doubt that the insecticide was consumed by Amarjit Singh while he was in custody.
The Commission considered the post-mortem report, vicera report and Magisterial Enquiry Report, and found prima facie that the custodial death of under trial prisoner Amarjit Singh in Central Jail, Ludhina was attributable to the negligence of watch and ward staff. If the escort and guards had kept a proper watch on him, he would have not consumed the poisonous substance and the incident could have been averted. The Commission concluded that negligence of the staff, thus, became a cause for loss of life and the State cannot evade its liability to compensate the family of the deceased.
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In a case of custodial death in prison, the National Human Rights Commission has recommended Punjab Government to pay One Lakh rupees as monetary relief to the next of kin of under trial prisoner Amarjit Singh. It has also sought a compliance report along with proof of payment within eight weeks from the receipt of letter.
The Commission during the course of the proceedings in the matte found that Amarjit Singh was sent to the Court on 22nd February 2004 for hearing of his case. When he returned to the jail from the court, he was hale and hearty. After dinner, he suddenly became unwell. He was sent to hospital but his life could not be saved. The post mortem report could not ascertain the cause of his death. The viscera report indicated that the prisoner had consumed insecticide either in the judicial lock-up or during the return journey from the court. During the magisterial enquiry, it was not ascertained from where the prisoner got the poison and when he consumed it. However, there was no doubt that the insecticide was consumed by Amarjit Singh while he was in custody.
The Commission considered the post-mortem report, vicera report and Magisterial Enquiry Report, and found prima facie that the custodial death of under trial prisoner Amarjit Singh in Central Jail, Ludhina was attributable to the negligence of watch and ward staff. If the escort and guards had kept a proper watch on him, he would have not consumed the poisonous substance and the incident could have been averted. The Commission concluded that negligence of the staff, thus, became a cause for loss of life and the State cannot evade its liability to compensate the family of the deceased.
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