NHRC recommends to UP and Maharashtra Governments to pay rupees one lakh as monetary relief for custodial deaths
New Delhi April 9, 2008
On considering the facts and circumstances of two different cases, one referred by the Superintendent of District Jail, Kanpur and another referred by the Superintendent of Central Jail, Nagpur, the National Human Rights Commission has recommended to the UP and Maharashtra State Governments to pay an amount of rupees one lakh each as monetary relief to the next kin of the deceased Kishanji @ Shyamji and Swapnil.
A fatal attack was made on undertrail prisoner Kishanji @ Shyamji while he was being escorted by the police from Railway Station, Orai to the court complex in a rickshaw. The assailants managed to escape and the prisoner succumbed to injuries. Although the Magistrate who enquired into the circumstances of death gave a clean chit to the police, the Commission took the view that the police was negligent in protecting the life of the prisoner.
A show-cause notice was issued to the State of UP. Since the State government did not respond to the notice. The Commission has recommended the above monetary relief to the next of kin of the deceased Kishanji @ Shyamji.
The Commission has also directed the Chief Secretary of the UP, Government to submit compliance report along with proof of payment within eight weeks.
In another similar case, undertrial prisoner Swapnil @ Pintu Dilipsingh Shirke was shot dead by some persons on June 19, 2002 while was being escorted by police to the court of Third Additional Sessions Judge, Nagpur.
Taking it as a case of negligence in prevention of violation of human rights, the Commission issued show-cause notice to the State of Maharashtra. The State Government did not respond to the notice even the reminder has not elicited any response.
In this case, the assailants conveniently managed to escape after making the fatal assault on the prisoner. The escort police could neither apprehend any one of them nor there is any evidence to suggest that any effective effort was made to save the prisoner from assault. Even SDM, Nagpur who conducted the enquiry concluded in his report that the incident occurred due to negligence of the police.
The Commission has recommended that the State must compensate the bereaved family by paying an amount of rupees one lakh as relief to the next kin of deceased Swapnil and also directed to submit compliance report along with proof of payment within eight weeks.
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On considering the facts and circumstances of two different cases, one referred by the Superintendent of District Jail, Kanpur and another referred by the Superintendent of Central Jail, Nagpur, the National Human Rights Commission has recommended to the UP and Maharashtra State Governments to pay an amount of rupees one lakh each as monetary relief to the next kin of the deceased Kishanji @ Shyamji and Swapnil.
A fatal attack was made on undertrail prisoner Kishanji @ Shyamji while he was being escorted by the police from Railway Station, Orai to the court complex in a rickshaw. The assailants managed to escape and the prisoner succumbed to injuries. Although the Magistrate who enquired into the circumstances of death gave a clean chit to the police, the Commission took the view that the police was negligent in protecting the life of the prisoner.
A show-cause notice was issued to the State of UP. Since the State government did not respond to the notice. The Commission has recommended the above monetary relief to the next of kin of the deceased Kishanji @ Shyamji.
The Commission has also directed the Chief Secretary of the UP, Government to submit compliance report along with proof of payment within eight weeks.
In another similar case, undertrial prisoner Swapnil @ Pintu Dilipsingh Shirke was shot dead by some persons on June 19, 2002 while was being escorted by police to the court of Third Additional Sessions Judge, Nagpur.
Taking it as a case of negligence in prevention of violation of human rights, the Commission issued show-cause notice to the State of Maharashtra. The State Government did not respond to the notice even the reminder has not elicited any response.
In this case, the assailants conveniently managed to escape after making the fatal assault on the prisoner. The escort police could neither apprehend any one of them nor there is any evidence to suggest that any effective effort was made to save the prisoner from assault. Even SDM, Nagpur who conducted the enquiry concluded in his report that the incident occurred due to negligence of the police.
The Commission has recommended that the State must compensate the bereaved family by paying an amount of rupees one lakh as relief to the next kin of deceased Swapnil and also directed to submit compliance report along with proof of payment within eight weeks.
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