Police custody case; Relief of Rs. 2 lakh paid by UP Government to kin
New Delhi, 10 August 2005
At the insistence of the National Human Rights Commission, the Uttar Pradesh Government has paid an interim compensation of Rs. 2 lakh to the next of kin of an undertrial prisoner Jagdish, son of Ramprasad, who died while in police custody in 1997.
His death was intimated to the NHRC by the Superintendent of Prisons, Lucknow. It was stated that Jagdish, who was lodged in the district jail, Lucknow had died on 17 January 1997 at 10.45 p.m. at the Medical College Hospital, Lucknow where he had been taken for treatment.
Acting on this information, the Commission issued notice to the Home Secretary, Government of UP calling for a detailed report. The State Government submitted the report of the Superintendent of Jail, Lucknow along with the post mortem examination report as well as inquest proceedings.
The Commission, after going through the facts and circumstances of the case and the material brought on record, observed in its orders dated 22 February 2000 that there has been gross negligence on the part of the police officials concerned in not getting timely and adequate medical aid to inmate Jagdish. The Commission recommended that the State Government of UP -
i) initiate action for identification of the police and other officers responsible for causing injuries to deceased and thereafter to get a case registered against the errant officials for offences, which may be disclosed against them as a result of such an enquiry.
ii) to pay a sum of Rs. 2 lakh to the next of kin of the deceased within a period of one month. Out of the awarded sum of Rs.2 lakh, Rs. 50,000/- should be paid immediately to the next of kin and the balance amount shall be deposited in a nationalized bank and the interest accrued thereon shall be payable to the next of kin of the deceased.
In response, the Government of UP pleaded that a magisterial enquiry had been conducted and the police officials were not found guilty of causing the death of Jagdish. It was, therefore, requested that the order imposing award of 'immediate interim relief' may be reviewed. The Commission considered the response and stated that there is no valid reason to review the proceedings of 22 February 2000 as after a careful consideration of the facts and circumstances of the case and the material brought on record, the Commission had concluded that the deceased had suffered number of injuries including incised wounds on his head and face, when he was arrested by the police. He was not given timely and adequate treatment and an effort was made by the police officials concerned to wash off their hands by lodging him in jail. The fact that the Medico Legal Case recorded at the Primary Health Centre shows only six injuries and the post-mortem report revealed 12 injuries goes to suggest that further violence was perpetrated on the deceased while he was in the police custody. The Commission was, therefore, justified in making the earlier recommendations. It directed the State of UP to comply with the order of 22 February 2000 and report compliance within six weeks.
Following this, a communication dated 2 June 2003 was received from Under Secretary (Home), Government of Uttar Pradesh stating that a sum of Rs.2 lakh was sanctioned for payment as immediate interim relief. This was followed by a letter dated 17.03.2004 from the JS (Home), Government of UP stating that a sum of Rs. 50,000/- was paid to Smt. Ramvati, wife of the deceased and a sum of Rs.1.5 lakh was deposited in a fixed deposit account. Photocopy of the receipt was also enclosed to substantiate the claims.
Regarding action against the police officers concerned, the SP (Crime Branch), CID, UP through a communication dated 16.10.2003 informed the Commission that a case had been registered and that they were challaned to stand trial in the court but on 17.02.2003 they were acquitted by the Special Judge, Lucknow.
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At the insistence of the National Human Rights Commission, the Uttar Pradesh Government has paid an interim compensation of Rs. 2 lakh to the next of kin of an undertrial prisoner Jagdish, son of Ramprasad, who died while in police custody in 1997.
His death was intimated to the NHRC by the Superintendent of Prisons, Lucknow. It was stated that Jagdish, who was lodged in the district jail, Lucknow had died on 17 January 1997 at 10.45 p.m. at the Medical College Hospital, Lucknow where he had been taken for treatment.
Acting on this information, the Commission issued notice to the Home Secretary, Government of UP calling for a detailed report. The State Government submitted the report of the Superintendent of Jail, Lucknow along with the post mortem examination report as well as inquest proceedings.
The Commission, after going through the facts and circumstances of the case and the material brought on record, observed in its orders dated 22 February 2000 that there has been gross negligence on the part of the police officials concerned in not getting timely and adequate medical aid to inmate Jagdish. The Commission recommended that the State Government of UP -
i) initiate action for identification of the police and other officers responsible for causing injuries to deceased and thereafter to get a case registered against the errant officials for offences, which may be disclosed against them as a result of such an enquiry.
ii) to pay a sum of Rs. 2 lakh to the next of kin of the deceased within a period of one month. Out of the awarded sum of Rs.2 lakh, Rs. 50,000/- should be paid immediately to the next of kin and the balance amount shall be deposited in a nationalized bank and the interest accrued thereon shall be payable to the next of kin of the deceased.
In response, the Government of UP pleaded that a magisterial enquiry had been conducted and the police officials were not found guilty of causing the death of Jagdish. It was, therefore, requested that the order imposing award of 'immediate interim relief' may be reviewed. The Commission considered the response and stated that there is no valid reason to review the proceedings of 22 February 2000 as after a careful consideration of the facts and circumstances of the case and the material brought on record, the Commission had concluded that the deceased had suffered number of injuries including incised wounds on his head and face, when he was arrested by the police. He was not given timely and adequate treatment and an effort was made by the police officials concerned to wash off their hands by lodging him in jail. The fact that the Medico Legal Case recorded at the Primary Health Centre shows only six injuries and the post-mortem report revealed 12 injuries goes to suggest that further violence was perpetrated on the deceased while he was in the police custody. The Commission was, therefore, justified in making the earlier recommendations. It directed the State of UP to comply with the order of 22 February 2000 and report compliance within six weeks.
Following this, a communication dated 2 June 2003 was received from Under Secretary (Home), Government of Uttar Pradesh stating that a sum of Rs.2 lakh was sanctioned for payment as immediate interim relief. This was followed by a letter dated 17.03.2004 from the JS (Home), Government of UP stating that a sum of Rs. 50,000/- was paid to Smt. Ramvati, wife of the deceased and a sum of Rs.1.5 lakh was deposited in a fixed deposit account. Photocopy of the receipt was also enclosed to substantiate the claims.
Regarding action against the police officers concerned, the SP (Crime Branch), CID, UP through a communication dated 16.10.2003 informed the Commission that a case had been registered and that they were challaned to stand trial in the court but on 17.02.2003 they were acquitted by the Special Judge, Lucknow.
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