NATIONAL HUMAN RIGHTS COMMISSION
4.10 The Commission examined all the reports in the matter received from the State authorities.
It was reported that Madan was arrested on 18.08.2015 at 12.40 a.m. He was declared dead at
04.40 a.m., within four hours of his arrest. There was nothing on the police record to show the
time of his arrest. Further, he was not medically examined immediately after his arrest. Fifteen
injuries were noticed on the body of the deceased during inquest proceedings and 11 injuries were
noticed in the post-mortem report, which remained unexplained. Copy of the Daily Dairy revealed
that, on 17.08.2015, HC Sandeep lodged his departure in case investigation vide Sl. No. 13 at 10.30
p.m. The information of arrest and death of Madan was lodged in the daily dairy vide DD No.
3 dated 18.08.2015 at 3.20 p.m., which was 11 hours after the death. The mother of the deceased
alleged that her son was picked up on 11.08.2015 from Munirka bus stand seven days prior to
his death. According to the Magisterial Enquiry Report, there were several contradictions in the
statements of the police officials as regards the mode of travel, time of arrest, etc. According to
the Magistrate, such contradictions in the statements recorded barely hours after the death could
only be interpreted as deliberate concoction of false stories in order to cover up the misdeeds of
the police. Thus, the Enquiry Magistrate concluded that the death of accused Madan was a result
of injuries inflicted upon him in the police custody. On the findings of the Enquiry Magistrate, a
case FIR No. 134/16 dated 13.04.2016 u/s 302/343/34 IPC was registered at P.S. Central Faridabad
against the police personnel and was being investigated by the Crime Branch.
4.11 The Commission took note of the shocking state of affairs that indicated that the policemen
who were in search of an accused in a theft case, picked him up and tortured him to death
without anybody’s knowledge. The facts narrated by the police were a sheer attempt to hide the
incident under the pretext of investigation of the theft case. No civilized law allowed custodial
cruelty. The cruelty, as found resorted to by the police officials, showed that the same sprang out
of a perverse desire to cause suffering rather than eliciting any material evidence relevant to the
case. The police officials crossed all the limits of civility. The conduct of the said police officials
amounted to a gravest violation human rights of the deceased. The Commission has directed
the Government of Haryana to show cause under Section 18(a)(i) of the Protection of Human
Rights Act, 1993 as to why a monetary compensation of ` 5,00,000/- (Rupees Five Lakh only)
should not be recommended to be paid to the next-of-kin of the deceased.
4.12 The matter is still under consideration of the Commission.
2.. Death of Undertrial Prisoner, Raju alias Rajendra, while in Judicial Custody, in the Central
Jail, Kota, Rajasthan
(Case No. No.922/20/21/2013-JCD)
4.13 On receipt of an intimation of custodial death of undertrial prisoner, Raju alias Rajendra
on 29.04.2013 in the custody at Central Jail, Kota, Rajasthan, the Commission called upon its
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ANNUAL REPORT 2016-2017