NHRC reiterates its recommendation to Delhi Government: Pay Rs. 3 lakh as relief in a case of death in judicial custody in Tihar Central Jail

New Delhi, Dated 05th January, 2021

The National Human Rights Commission, NHRC, India has reiterated its recommendation that the Government of NCT of Delhi pay Rs. 3 lakh as relief to the next of kin of an Under Trial Prisoner, UTP, who committed suicide in Tihar Central Jail on 11th May, 2018 for which it is yet to receive a report along with proof of payment in compliance of its directions on 24th October, 2019.

The Commission has observed that if proper watch over the UTP was maintained, his life might have been saved. The life and security of the prisoner inside the jail need to be protected by the authorities concerned but in this case they have badly failed. The incident had apparently occurred in brought daylight due to lack of vigil on part of the prison authorities leading to human rights violation.

The Commission had registered the case on receipt of an intimation, as per its standing guidelines, from the Superintendent, Central Jail No. 3, Tihar about the suicide by UTP Ganori Prasad, 37 years. He was lodged in jail barely a few days ago on 20th April, 2020.

Pursuant to the directions of the Commission, requisite reports were submitted by the authorities, wherein it was stated that the victim had committed suicide by hanging himself at about 10:25 hrs on a tree inside the jail. The Postmortem report revealed that the prisoner died due to asphyxia as a result of antemortem hanging. The Magisterial Enquiry did not find any foul play in the incident but confirmed that the inmate committed suicide by hanging with the help of cloth from the branch of a tree during the day time. He was immediately brought to the Central Jail Hospital where he was declared brought dead. This prompted the Commission to conclude that the prison authorities were negligent.

The victim UTP was the resident of Sarita Vihar, New Delhi and was facing trial u/s 376 IPC and 6 POSCO Act in FIR No. 97/2018 registered in Police Station Sarita Vihar.