NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
c.
To cover up their negligence, the police gave the version that the deceased committed
suicide after escaping from the police custody. If at all it is taken that he committed
suicide, it is the prime duty of the Police to guard and take care of any person in their
custody, including from self harm, round the clock and they cannot run away from
their responsibility. Here the police were negligent in handling the accused which
caused his death. Had the police been little more careful, the life of the deceased
could have been saved. The Commission is of the opinion that the deceased was
tortured before he was found hanging.The PMR specifically mentioned that three
teeth were found broken and there was fracture and dislocation of Atlanto occipital
joint.
d.
MER raised suspicion over the disappearance of the deceased from police custody
and the investigation carried out to find out him.
e.
The overall circumstances as they stand today suggest that the accused person
was not provided adequate security and protection by the Police. The offence of
murder registered on the complaint of the brother of the deceased is still under
consideration.
vi.
Taking into consideration of the above-mentioned facts and circumstances of the case,
the Commission issued a notice u/s 18 of the Protection of Human Rights Act 1993
to the Government of Mizoram to show cause why a sum of Rs.3.00, 000 as monetary
compensation should not be recommended to be paid to the next of kin of the deceased,
Shebaram Reang..
vii.
In response to the Show Cause Notice, the Deputy Secretary to the Govt. of Mizoram,
Home Department vide communication dated 26.03.2018 submitted a detailed reply and
requested for re-consideration of the Show Cause Notice.
viii. The Commission considered the reply of the State Govt. thoroughly and observed that
the reasons adduced by the Commission in its proceedings dated 14.12.17 were based
on a detailed analysis of various reports by the Investigation Division of this Commission,
particularly placing heavy reliance on the MER. Therefore, the Commission declined to
accept the reasons given in the report and accordingly confirmed its show cause notice
and recommended to the Chief Secretary, Government of Mizoram to pay a sum of Rs.
Three Lakhs as monetary compensation to next of kin of the deceased Shebaram Reang.
The Chief Secretary, Govt. of Mizoram was required to submit compliance report along
with proof of payment within six weeks.
ix.
46
Compliance report along with proof of payment is still awaited.
ANNUAL REPORT 2018-19