New Delhi, 21 January 2004
Taking note of the death of an undertrial prisoner while in the Sessions lock-up in Lucknow, the National Human Rights Commission has issued show-cause notice to the Director General of Police and Chief Secretary of Uttar Pradesh asking why interim relief not be granted to the next of kin of the deceased.
The undertrial, Kolumbus sustained multiple injuries caused by knife and razor when he was allegedly attacked by three of his co-prisoners. He was referred to KGMC Hospital, Lucknow in a serious condition on 8 September 2002 where he succumbed to his injuries even while undergoing treatment.
His death was reported to the Commission, which called for a detailed report from the Deputy Inspector General of Prisons (HQ), UP. In response, a detailed report of the Superintendent, District Jail, Lucknow, the inquest report, the post-mortem report and the magisterial inquiry report were sent to the Commission.
The report of the Superintendent, District Jail, Lucknow stated that Kolumbus was injured by his co-prisoners while he was in the Sessions lock-up. While admitting that the injuries received by Kolumbus was due to negligence of the concerned police personnel of the Sessions lock-up, the report said no jail officer or staff had been held responsible for the incident.
The Magisterial Inquiry Report corroborated that undertrial Kolumbus' death was caused due to the injuries sustained by him in an attack by his co-prisoners while he was in police custody in the Sessions lock-up on 5 September 2002. It also stated that a case had been registered against the accused co-prisoners and charge-sheet filed against them for the attack and consequential death of Kolumbus.
On pursuing the entire record, the Commission felt that it was a matter of serious concern that sharp edged weapons like knife and razor were available to Kolumbus' co-prisoners while in the lock-up, which in turn pointed to a lapse on the part of the authorities responsible for maintenance of the lock-up. Besides this the fact that during the period of attack, no attempt was made by the police officials in-charge of the lock-up to save the deceased, shows a callous attitude and is, prima-facie evidence of negligence of the concerned police personnel and dereliction of duty on their part.
The Commission, therefore, considered it a fit case for `interim relief' to be granted to the next of kin of the deceased under section 18(3) of the Protection of Human Rights Act, 1993. The Commission has asked the DGP and Chief Secretary, UP to show-cause why interim compensation cannot be granted and to respond within six weeks.
It has also asked the DGP to inform within six weeks what action, if any, has been taken against the concerned police personnel for dereliction of their duties and negligence in saving the life of the under-trial prisoner in their custody.
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