NHRC’s orders in a case of death in police lock-up

The Commission had been informed by the Superintendent of Police of Kolar District about the death of one Thimmaiah in the Mulbagal police station in Kolar District. Thimmaiah had allegedly committed suicided using a nylon rope attached to a bar in the window of the police station toilet. The Commission had also received complaints from the Peoples Union for Civil Liberties, Karnataka, suspecting foul play in this case.

Pursuant to the Commission’s directions, the Additional Chief Secretary, Karnataka sent a report along with copies of the post-mortem and inquest reports. These were contradictory in nature and did not establish that the victim had committed suicide. Considering the facts and circumstances as disclosed in the reports, the Commission was of the view that there was justification for a presumptive inference that the death of Thimmaiah, in the absence of a convincing explanation from those who had him in their power and custody, had been caused by the police. In any event, the police who were in charge of Thimmaiah were guilty of not preventing the suicide, even if the remote theory of a suicide was at all held to be probable.

Accordingly, the Commission directed the Government of Karnataka to register a case against the errant police officials and initiate departmental action against them. A case was also to be registered against the doctor who had conducted the post mortem, on charges of destroying evidence. The Commission directed the investigation to be taken over by the Corps of Detectives of Karnataka State. Since there was a strong prima-facie case of violation of human rights, the Government of Karnataka was directed to pay an interim relief of Rs. 2.00 lakhs to the next of kin of the deceased. It would be at liberty to initiate proceedings for recovering the sum from those who, by their high handedness, had exposed the Government to this liability.