NHRC sets aside no foul play contention of the Kerala Government in a case of suspected murder at a Alappuzha jail; reiterates payment of Rs. 5 lakh to the victim’s family and criminal proceedings in the matter

New Delhi, 22nd February, 2021

The National Human Rights Commission, NHRC, India, setting aside the contention of Government of Kerala in a case of suspected murder of an under trial prisoner at Special Sub Jail, Mavelikara, Alappuzha, has asked the State Government to register a criminal case in the matter and pay Rs. 5 lakh as relief to the next of kin, NoK of the deceased. The Commission has also asked the state government, through its Chief Secretary and DGP, to hand over the investigations in the matter to the CB-CID and submit compliance report.

The Commission had registered a case on the basis of an intimation from the Jail Superintendent regarding the death of sixty eight year old under trial prisoner on 21.3.2019. The prisoner was lodged in the jail only a day before on 19.3.2019 in connection with Thiruvalla Police Crime No. 44/2019 u/s 420, 468, 471 and 120 (B) and 34 IPC based on the complaint of a Finance Company.

In response to the notice of the Commission, it was informed that at the time of the entry to the jail, his health condition was absolutely normal. However, he was allegedly found lying unconscious at 0530 am on 21.03.2019. He was taken to the District Hospital, Mavelikara, where he was declared dead.

The judicial enquiry cast suspicion the role of some of the co-inmate and the dubious collusion on the part of officials of the jail and a named officer of the rank of an Inspector. The CCTV cameras installed in the jail were not found working during the relevant time, which could support the version of State authorities that there was no foul play.

The judicial magistrate had also mentioned in the report that the investigation into this death was going on at a slow pace and as such no effective investigation was being done. The judicial enquiry report concluded that the UTP died of gagging in suspicious circumstances, and that there was every possibility that it was case of homicide.

Subsequently, the Commission issued notice to State Government to show cause why the next of kin of the deceased prisoner may not be recommend to pay Rs. 5 lakh for violation of his human rights while being in the custody of state and a criminal case be registered.

In response, the Government of Kerala submitted that there was no lapse on the part of the jail authorities in the death of the prisoner. Neither the co-prisoner nor the jail officials on night duty had heard any sound from the deceased. On postmortem examination, a handkerchief was found deep in the throat of the deceased prisoner. On the basis of this, the department had taken disciplinary action against an Assistant Prison Officer, who permitted the prisoner to keep the handkerchief in this custody. He was suspended from service. Inquest report conducted by the Judicial First Class Magistrate reveals that his death occurred due to suffocation as tongue was found slightly protruding beyond the teeth margin. The postmortem certificate revealed that the deceased person was not subjected to any kind of custodial torture. The prison authorities were not responsible for his death because it is clear that the cause of death was suffocation caused by the handkerchief stuck in the throat. Hence, the NHRC may drop further proceedings in the matter and exempt Government from paying the proposed compensation of Rs. 5 lakh.

The Commission observed that there was no merit in the response of the State Government to the show cause notice. The Judicial Magistrate has found it to be a case of homicide. Reiterating its recommendations for payment of relief of Rs. 5 lakh to the victim family, the Commission further observed that it is constrained to understand why despite its categorical directions, the State Govt. had not set the law in motion for CB-CID inquiry and criminal proceedings in the matter.

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