NHRC recommends Rupees One Lakh as monetary relief in a case of death in Police custody in Jharkhand

New Delhi the 1st October 2009

The National Human Rights Commission has recommended that the Government of Jharkhand pay a sum of rupees one lakh as monetary relief to the next of kin of Kartik Oraon who died in the police custody on the 9th April, 2002. The Commission has also asked the Chief Secretary, Government of Jharkhand to submit compliance report with proof of payment.
The Commission took the cognizance in the case on the intimation received from SP, Gumla, Jharkhand in the year 2002.
Kartik Oraon, an Adivasi student was picked up by the police on 6th April, 2002 as he was suspected in the involvement of bank docoity. Three days later, he committed suicide in police custody by hanging himself with a gumcha. Adivasi Chatra Sangh made a complaint alleging that Kartik Oraon commit suicide on 9th April, 2002 due to third degree torture at the police station.
The Jharkhand police however, took the stand that he had been let off on the 7th April, 2002 and then he had himself came to the police station on the 9th April, 2002. The Commission felt that the police version was not convincing. The Commission on the 9th August, 2007 ordered the Government of Jharkhand to get the case investigated by CB-CID. The report of CB-CID could not substantiate the allegation of torture during its investigation. However, the Investigating officer had concluded that it was a serious lapse on the part of the police officers to allow the accused to keep the gumcha with him. Shri Anil Kumar, the then Executive Magistrate, Gumla who held an enquiry into the circumstances of death of Kartik Oraon informed the Commission that the sentry who was on guard duty at the lockup room was guilty of negligence and he had been censured for dereliction of duty.
The Commission considered the report of CB-CID and Executive Magistrate, Gumla and on that basis issued Show Cause Notice to the Government of Jharkhand as to why monetary relief should not be given to the next of kin of deceased Kartik Oraon. In reply to the notice, the State Government has responded vide communication dated 3rd July, 2009 and had drawn the attention of the Commission to the report of CB-CID and urged for reconsideration of the matter.
The Commission observed that the plea of the State Government cannot be accepted. Though the CB-CID may not have substantiated the allegation of torture, but there was no doubt that the police staff was negligent. The police should not have allowed him to keep anything which could be used by him for doing harm to himself. By allowing him to keep the gumcha, the police unwittingly gave him an opportunity to hang himself. For such negligence of the police, the State must bear liability.

***********