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

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