NATIONAL HUMAN RIGHTS COMMISSION, INDIA 2. Death of an UTP Saikat Ganguly (Subo), aged 25 years in the judicial custody of Dum Dum Correctional Home Kolkata, West Bengal (Case No. 231/25/5/2014-JCD) 3. i. The Commission in this case, observed that under-trial prisoner (UTP) Saikat Ganguly (Subo), 25 years young man died in judicial custody at Dum Dum Central Correctional Home. The initial health screening report of the deceased, revealed that there were injuries on several parts of the body due to assault while the UTP was brought to Dum Dum Central Correctional Home and he had to be immediately rushed to R.G. Kar Medical College Hospital as a life saving measure for treatment. The inquest report revealed fresh marks of assault on both shoulder, chest, back and buttock of the deceased. The post mortem report revealed many injuries on the body of the deceased UTP and the case was opined to be due to effects of these injuries homicidal in nature. The Commission further observed that the Judicial Magistrate, Barrackpore North 24 Pargana in his enquiry report had concluded that the deceased was assaulted by police of Police Station Noapara after his arrest, due to which he died. ii. The Commission held that any person who is in the custody of the police or the prison authorities, though his liberty is curtailed because of due process of law, but his life is to be protected by the State. In the instant case the police officials of Police Station Noapara had beaten the under-trial-prisoner Saikat Ganguly (Subo) mercilessly and consequent upon injuries sustained in the beating, he died during treatment. Therefore, the public servant had committed a crime in the police station whereas the police authorities were supposed to protect the life of the prisoner. For the act of these officials the State was held as vicariously liable and therefore, the Commission directed its Registry to issue a notice to the Chief Secretary Government of West Bengal calling upon him to show-cause, within 8 weeks, as to why monetary compensation of Rs. 2,00,000/- (Rupees Two Lakhs Only) should not be recommended under Section 18(a)(i) of Protection of Human Rights Act, 1993 to the NoK of the deceased UTP Saikat Ganguly. iii. The State submitted its compliance report. Death of Binu (Mekku Binu) in the custody of police at P.S. Thampanoor, Thiruvananthapuram City, Kerala (Case No. 750/11/12/2015-PCD) i. The Commission received an intimation regarding the death of Binu (Mekku Binu), on 29.7.2015, while in the custody of police of Police Station Thampanoor, Thiruvananthapuram City, Kerala, from the District Police Chief, Thiruvananthapuram. The police claimed that deceased Binu pick pocketed a sum of Rs.1600/- (Rupees One Thousand Six Hundred Only) from Ravi. He was caught by the public and manhandled by them. Binu, however, managed to escape and while escaping, he jumped over the compound wall of ANNUAL REPORT 2019-20 51