Show-cause notice to Bihar Government on award of interim relief in custodial death
New Delhi, 22 September 2004
The National Human Rights Commission has issued notice to the Chief Secretary and Director General of Police, Government of Bihar to show cause within four weeks why the Commission may not recommend grant of interim relief to the next of kin of Ram Udit Narayan Singh, who died while in the custody of police at Manjhol police outpost in Begusarai district, Bihar. The death of Ram Udit Narayan Singh, who was arrested on 28 April 1999 in a criminal case by the police was reported to the Commission by the District Magistrate, Begusarai, Bihar who stated that Ram Udit Narayan Singh had committed suicide by hanging while in police custody on 29 April 1999.
The Commission called for the requisite reports from the Home Secretary, Government of Bihar and the inquest and post-mortem report were received. Based on the facts and circumstances of the case, the Commission observed that in the present case, medical evidence belies the police assertion that the deceased died by hanging himself. The presence of 11 external injuries and a post-mortem ligature mark undoubtedly show the barbaric attitude of the police and a crude attempt to fabricate false clue and create false evidence so as to screen the offence. The State has, after taking into consideration the Magisterial Inquiry report and other material, punished the SHO concerned after a departmental enquiry by recommending his compulsory retirement vide order dated4 February 2003.
It also observed that this Commission has always maintained that convicts, prisoners or under-trials are not denuded of their fundamental rights under Article 21 of the Constitution and it is only such restrictions, as are permitted by law, which can be imposed on the enjoyment of the fundamental right by such persons. The precious right guaranteed by Article 21 of the Constitution cannot be denied to under-trials or other prisoners, including convicts in custody, except according to procedure established by law. There is a great responsibility on the police and prison authorities to ensure that the citizen in its custody is not deprived of his right to life. Death in police custody is, perhaps, one of the worst crimes in a civilized society. A death in custody at the hands of those who are supposed to protect the life and liberty of the citizen is enough to lower the flag of civilization to fly half-mast. It has directed that the death of Ram Udit Narayan Singh while in police custody is a fit case of award of interim relief to the next of kin.
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The National Human Rights Commission has issued notice to the Chief Secretary and Director General of Police, Government of Bihar to show cause within four weeks why the Commission may not recommend grant of interim relief to the next of kin of Ram Udit Narayan Singh, who died while in the custody of police at Manjhol police outpost in Begusarai district, Bihar. The death of Ram Udit Narayan Singh, who was arrested on 28 April 1999 in a criminal case by the police was reported to the Commission by the District Magistrate, Begusarai, Bihar who stated that Ram Udit Narayan Singh had committed suicide by hanging while in police custody on 29 April 1999.
The Commission called for the requisite reports from the Home Secretary, Government of Bihar and the inquest and post-mortem report were received. Based on the facts and circumstances of the case, the Commission observed that in the present case, medical evidence belies the police assertion that the deceased died by hanging himself. The presence of 11 external injuries and a post-mortem ligature mark undoubtedly show the barbaric attitude of the police and a crude attempt to fabricate false clue and create false evidence so as to screen the offence. The State has, after taking into consideration the Magisterial Inquiry report and other material, punished the SHO concerned after a departmental enquiry by recommending his compulsory retirement vide order dated4 February 2003.
It also observed that this Commission has always maintained that convicts, prisoners or under-trials are not denuded of their fundamental rights under Article 21 of the Constitution and it is only such restrictions, as are permitted by law, which can be imposed on the enjoyment of the fundamental right by such persons. The precious right guaranteed by Article 21 of the Constitution cannot be denied to under-trials or other prisoners, including convicts in custody, except according to procedure established by law. There is a great responsibility on the police and prison authorities to ensure that the citizen in its custody is not deprived of his right to life. Death in police custody is, perhaps, one of the worst crimes in a civilized society. A death in custody at the hands of those who are supposed to protect the life and liberty of the citizen is enough to lower the flag of civilization to fly half-mast. It has directed that the death of Ram Udit Narayan Singh while in police custody is a fit case of award of interim relief to the next of kin.
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