Death of Bhujai in Policy custody : UP




Following the directions of the Commission, the Uttar Pradesh Government has paid a sum of one lakh rupees to the next of kin of Bhujai, who had died while in police custody. Several public servants have been prosecuted on the basis of the findings of the CB CID, which had found them responsible for this custodial death.
The Commission received a communication from the Superintendent of Police, Ambedkar Nagar, Uttar Pradesh concerning the death of Bhujai while in police custody, in connection with a case registered against the deceased for murder. The magisterial enquiry referred to conflicting statements and, therefore, recommended a CID enquiry. Accordingly, a case was registered at Bevana Police Station for investigation.
Upon consideration of the report received from the police authorities of the State, and given the inconsistencies that had been noted in respect of this case, the Commission directed its own Investigation Division to inquire into the matter. On the recommendation of its Investigation Division, the Commission directed the State Government to have the matter investigated by the CB CID. The State CB CID submitted a report on 28 December 2000 in which it stated that 11 police officials had been held responsible for committing offences under various provisions of the Indian Penal Code (IPC) and that charge-sheets had been submitted to the court.
In its proceedings dated 11 March 2002, the Commission sought information on the current status of the prosecution and issued notice to the Chief Secretary of the Uttar Pradesh to show cause as to why immediate interim relief under section 18 (3) of the Protection of Human Rights Act, 1993 be not awarded to the next of kin of the deceased. As no reply was received from the State of Uttar Pradesh despite of reminders, by its order dated 12 June 2002 the Commission held that the Government of Uttar Pradesh has no cause to show against the award of immediate relief and proceeded to award immediate interim relief of Rs.100,000 to the next of kin of the deceased.
The compensation has now been paid. The Commission, in its recent meeting held on 17 November 2003 noted the action taken by the Government of UP and ordered closure of the case.