NATIONAL HUMAN RIGHTS COMMISSION
and the accompanying doctor started CPR and ambo ventilation and injectables - atropine and
Adrenaline was given to the patient, but he could not be revived and was declared brought dead
at LNJP Hospital.
4.31 The Commission carefully considered the report and observed that admittedly there had
been a delay in shifting the patient to the concerned hospital for his emergency treatment. The
cause of death, as opined by the Board of Doctors, was due to Bilateral Pulmonary Tuberculosis.
The Enquiring Magistrate, in his magisterial enquiry report, has categorically held that there
was negligence and dereliction of duty on the part of the Jail Officials. In any case, the right to
proper and timely treatment of the under trial prisoner has been grossly violated. Just because a
prisoner is confined to jail as under trial, he does not cease to be a human being. In the instant
case, the violation of his human rights was due to the negligence of the employees of the State,
therefore, the strict liability of the State is clearly established. Therefore, the Chief Secretary to
the Government of NCT of Delhi was directed to submit the compliance with proof of payment
of compensation of ` 3,00,000/- (Rupees Three Lakh only), as recommended, to the next-of-kin
of the undertrial prisoner Sushil.
4.32 The Superintendent, Prison Headquarters, Tihar, Janak Puri, New Delhi has since
submitted the compliance report for payment of the amount of ` 3,00,000/- (` 75,000/- each to
next-of-kin of the deceased – i.e., Sunny, Ajay, Vijay and Smt. Anita sons and wife of late Sushil
Kumar along with proof of payment and the Commission, vide its proceedings dated 07.02.2017,
has closed the case.
b)
Unlawful, Arrest, Illegal Detention and Torture
5. Illegal Detention of One Safiujjaman Sarkar and Extortion of Money by Hariharpara PS
Police, Murshidabad, West Bengal
(Case No. 1066/25/13/2014)
4.33 Activist Kirti Roy, in his complaint dated 25.06.2014, alleged illegal detention of one
Safiujjaman Sarkar and extortion of money by Hariharpara PS Police.
4.34 Pursuant to the Commission’s direction, report dated 28.11.2014 was received from the
Superintendent of Police, Murshidabad, which though denied the allegation of extortion of money,
states that disciplinary action was taken against the delinquent police officials. The Commission
carefully considered the material on record and other facts and circumstances of the case and
observed that the Hon’ble Apex Court, in the case of D. K. Basu, clearly laid down principles
regulating the conduct of the police. Police is a disciplined service and any departure from it
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ANNUAL REPORT 2016-2017