New Delhi, 15th July, 2013

Setting aside the Kerala Government's contention that the NHRC should not proceed in a case of torture in judicial custody as the concerned Jail Warder had been transferred on disciplinary ground, the Commission has directed the Government of Kerala, through its Chief Secretary, to pay a sum of Rs.50 thousand as monetary relief to the victim.

The Commission has observed that it is unfortunate that the disciplinary authority took such a lenient view in the matter and the delinquent officer was allowed to escape with a transfer. The Chief Secretary has been asked to submit compliance report along with proof of payment within six weeks.

The Commission took cognizance of the incident on the basis of a complaint received from a human rights defender. He had alleged that on 19th May, 2012, the Jail Head Warder meted out inhuman and degrading treatment to Vinu, a convict prisoner in Central Jail, Viyyur, Thrissur, Kerala. This was confirmed in the enquiry report of the Kerala Government submitted to the Commission in response to its notices.

The State Government had pleaded for dropping the proceedings in the matter when the Commission in its show cause notice had asked why monetary relief should not be paid to the victim for violation of his human rights.

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