State responsible for safeguarding Undertrial's life
New Delhi, 6 April 2004
Observing that state agents are obliged to protect persons in its custody even against self harm and take reasonable care to safeguard their lives, NHRC has found dereliction of duty on the part of Uttar Pradesh (UP) police in the death of an undertrial. It has ordered the State Government of UP to pay an interim compensation of rupees one lakh to the next of kin of undertrial Harjinder alias Jinda who died while in police custody on 19 August 1999.
Harjinder's death while in police custody was intimated to NHRC on 20 September 1999 by the Superintendent, District Jail, Khiri, Uttar Pradesh. The Commission sought a report from the Home Secretary, UP who replied that a magisterial inquiry into the cause of death of the undertrial had concluded that "the deceased died due to carelessness and casualness while being taken to court under police custody". The police version was that the undertrial prisoner, while being taken to the court, escaped and died due to drowning in a Nallah, which was full of water.
Not satisfied with the report and in view of the findings recorded by the Executive Magistrate (Supra), the Commission on 23 May 2001 stated it to be a fit case for award of immediate interim relief to the next of kin of the deceased under section 18(3) of the Protection of Human Rights Act, 1993. It requested the Chief Secretary to the Government of UP to:
(i) Direct entrusting the investigation to the CB CID and follow-up action, and,
(ii) Show-cause within four weeks as to why suitable compensation should not be directed to be paid to the next of kin of the deceased.
The Chief Secretary, Government of Uttar Pradesh on 4 June 2001 informed the Commission that the matter had been entrusted to the Secretary (Home), UP Government, for further necessary action. On 3 February 2003, the Special Secretary, Home, Government of UP informed the Commission that the investigation into the matter had been conducted by CB CID and it found that the allegations of torture by the police had not been established and that the deceased died by jumping into the Nallah which was full of water and drowned. The State Government, therefore, said that there was no justification for grant of immediate interim compensation to the next of kin of the deceased undertrial. It was also stated that the police personnel found responsible for 'escape' of the undertrial had been given the punishment of 'censure'.
Observing that the State of UP had not considered the facts and circumstances of the case in their proper perspective and that State must appreciate that it has a 'duty of care' of the life and limbs of the citizens in its custody, the Commission felt that the police officials escorting the undertrial did not take reasonable care to prevent risk of avoidable harm to the undertrial and there was dereliction of duty to take care on either part. The State it ruled is, therefore, vicariously liable.
Hence, the Commission reiterated that the State is liable to compensate for the loss of life of the deceased undertrial and should pay as "interim compensation" a sum of Rs.1.00 lakh to the next of kin of the deceased Harjinder alias Jinda within four weeks.
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Observing that state agents are obliged to protect persons in its custody even against self harm and take reasonable care to safeguard their lives, NHRC has found dereliction of duty on the part of Uttar Pradesh (UP) police in the death of an undertrial. It has ordered the State Government of UP to pay an interim compensation of rupees one lakh to the next of kin of undertrial Harjinder alias Jinda who died while in police custody on 19 August 1999.
Harjinder's death while in police custody was intimated to NHRC on 20 September 1999 by the Superintendent, District Jail, Khiri, Uttar Pradesh. The Commission sought a report from the Home Secretary, UP who replied that a magisterial inquiry into the cause of death of the undertrial had concluded that "the deceased died due to carelessness and casualness while being taken to court under police custody". The police version was that the undertrial prisoner, while being taken to the court, escaped and died due to drowning in a Nallah, which was full of water.
Not satisfied with the report and in view of the findings recorded by the Executive Magistrate (Supra), the Commission on 23 May 2001 stated it to be a fit case for award of immediate interim relief to the next of kin of the deceased under section 18(3) of the Protection of Human Rights Act, 1993. It requested the Chief Secretary to the Government of UP to:
(i) Direct entrusting the investigation to the CB CID and follow-up action, and,
(ii) Show-cause within four weeks as to why suitable compensation should not be directed to be paid to the next of kin of the deceased.
The Chief Secretary, Government of Uttar Pradesh on 4 June 2001 informed the Commission that the matter had been entrusted to the Secretary (Home), UP Government, for further necessary action. On 3 February 2003, the Special Secretary, Home, Government of UP informed the Commission that the investigation into the matter had been conducted by CB CID and it found that the allegations of torture by the police had not been established and that the deceased died by jumping into the Nallah which was full of water and drowned. The State Government, therefore, said that there was no justification for grant of immediate interim compensation to the next of kin of the deceased undertrial. It was also stated that the police personnel found responsible for 'escape' of the undertrial had been given the punishment of 'censure'.
Observing that the State of UP had not considered the facts and circumstances of the case in their proper perspective and that State must appreciate that it has a 'duty of care' of the life and limbs of the citizens in its custody, the Commission felt that the police officials escorting the undertrial did not take reasonable care to prevent risk of avoidable harm to the undertrial and there was dereliction of duty to take care on either part. The State it ruled is, therefore, vicariously liable.
Hence, the Commission reiterated that the State is liable to compensate for the loss of life of the deceased undertrial and should pay as "interim compensation" a sum of Rs.1.00 lakh to the next of kin of the deceased Harjinder alias Jinda within four weeks.
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