Malda court lock-up deaths

New Delhi, 16 April 2004
The next of kin of two undertrial prisoners who died due to suffocation while lodged in a overcrowded court lock-up in Malda, West Bengal have been paid rupees one lakh each as compensation by the West Bengal Government as directed by the National Human Rights Commission. The State Government has also informed the Commission on 6 February 2004 that departmental action against five police personnel responsible has been taken.
Undertrials Anesh Das and Nemai Ghosh's death while in custody was reported in the media on 3 August 2002, based on which the Commission took suo-motu cognizance and issued notices to the Chief Secretary, IG & DG (Prisons), West Bengal and the District Magistrate, Malda. Soon after the incident was highlighted in the media, the Commission also received a complaint from Dr. P.K. Mohanty. At the same time, the District Magistrate, Malda intimated the Commission about these deaths.
Responding to the Commission's notice, the District Magistrate, Malda submitted the magisterial inquiry report, which indicated that the deaths caused due to suffocation with severe dehydration. It pointed out to the insensitivity on the part of the police personnel who were on duty at the lock-up.
The inquiry report stated that 262 undertrial prisoners had been put up in the court lock-up rooms, which were sufficient to accommodate only 70 persons. There was no adequate drinking water supply, nor ventilation and the only urinal provided had no out let. Distressed by the report, the Commission then asked the West Bengal Government as to why 'immediate interim relief' be not granted to next of kin of the deceased. It also called for a report of action taken against the guilty officials and steps to prevent recurrence of such incidents in future..
On 7 January 2004, the State Government informed the Commission that it had sanctioned Rs. 1.00 lakh to be paid to next of kin of the deceased in each case.
It also reported that departmental action against the police personnel responsible for the incident has been carried out, renovation is being carried out in the Malda Court lock-up and construction of a new court building at Malda is also being considered.
*******