UP Government directed to pay Interim Relief
for undertrial prisoner's death
New Delhi, 27 April 2004
The Commission has called upon the Uttar Pradesh Government to pay a sum of rupees one lakh by way of 'interim relief' to the next of kin of deceased undertrial prisoner, Sher Mohammad. Observing that the issue is an old one and has been hanging fire for a long time, it has asked that a compliance report be sent to the Commission within six weeks.
Sher Mohammad was arrested on 22 February 1996 in connection with two cases by the police of Binowar Police Station. The Superintendent of Police, Badaun, intimated his death, on 23 February 1996, to the Commission. It was reported that Sher Mohammad fell ill and was sent to the District Hospital at Badaun on 23 February 1996 but died on the way to the hospital. At the hospital it was found that the said undertrial prisoner had been brought dead at seven in the morning of 23 February 1996. It was also stated that a complaint had been registered by the deceased under trial's brother Shri Hasruddin at Badaun Police Station and that the District Magistrate of Badaun had ordered a magisterial enquiry.
On 13 March 1996, the Commission issued notice seeking a response within six weeks. In reply, the Commission received the postmortem report, the Magisterial Inquiry report and other documents.
The Magisterial Inquiry report stated that Sher Mohammad was beaten up by the SHO and died as a result of police torture while being interrogated. The postmortem report disclosed the cause of the death as "shock and haemorrhage due to injuries before death" received while Sher Mohammad was in police custody.
The Commission then directed the issuance of notice to the Chief Secretary, UP to show-cause why "immediate interim relief" under section 18(3) of the Protection of Human Rights Act, 1993 be not given to the next of kin of the deceased. While a reply was received from the SSP Badaun on 9 March 2004, the Chief Secretary has not yet replied, hence the Commission on 21 April 2004 ordered interim relief of rupees one lakh be paid to next of kin of Sher Mohammad.
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The Commission has called upon the Uttar Pradesh Government to pay a sum of rupees one lakh by way of 'interim relief' to the next of kin of deceased undertrial prisoner, Sher Mohammad. Observing that the issue is an old one and has been hanging fire for a long time, it has asked that a compliance report be sent to the Commission within six weeks.
Sher Mohammad was arrested on 22 February 1996 in connection with two cases by the police of Binowar Police Station. The Superintendent of Police, Badaun, intimated his death, on 23 February 1996, to the Commission. It was reported that Sher Mohammad fell ill and was sent to the District Hospital at Badaun on 23 February 1996 but died on the way to the hospital. At the hospital it was found that the said undertrial prisoner had been brought dead at seven in the morning of 23 February 1996. It was also stated that a complaint had been registered by the deceased under trial's brother Shri Hasruddin at Badaun Police Station and that the District Magistrate of Badaun had ordered a magisterial enquiry.
On 13 March 1996, the Commission issued notice seeking a response within six weeks. In reply, the Commission received the postmortem report, the Magisterial Inquiry report and other documents.
The Magisterial Inquiry report stated that Sher Mohammad was beaten up by the SHO and died as a result of police torture while being interrogated. The postmortem report disclosed the cause of the death as "shock and haemorrhage due to injuries before death" received while Sher Mohammad was in police custody.
The Commission then directed the issuance of notice to the Chief Secretary, UP to show-cause why "immediate interim relief" under section 18(3) of the Protection of Human Rights Act, 1993 be not given to the next of kin of the deceased. While a reply was received from the SSP Badaun on 9 March 2004, the Chief Secretary has not yet replied, hence the Commission on 21 April 2004 ordered interim relief of rupees one lakh be paid to next of kin of Sher Mohammad.
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