सव भव तु सिखनः ु Annual Report 2022-23 5.) Custodial death of an under-trial prisoner suffering from psychosis in Yerawada Central Prison, Pune, Maharashtra. (Case No. 848/13/23/2018-JCD) This case pertains to the in ma on received on 01 May 2018 from the Police Inspector, Yerawada Police Sta on, Pune, Maharashtra, regarding the death of an UTP, aged 30 years, on 25 April 2018 in the custody of the Superintendent of Yerawada Central Prison, Pune, Maharashtra. The Commission examined the required reports. According to the Medical Treatment Records and detailed report received from the Prison Superintendent, it was revealed that the deceased received treatment for acute stress reac on with psychosis. On 25 April 2018 at 08:15 AM, the UTP climbed a banyan tree and jumped from there. He later died while undergoing treatment at the hospital. The inquest and post-mortem reports indicated several injuries, includ- ing contusions, fractures, hard plate fracture, and a s tched wound on the deceased's body. Based on the post- mortem and Forensic Science Laboratory (FSL) reports, the cause of death was determined to be "Death due to mul ple injuries". A judicial magistrate conducted ani nquiry, and the family members/ rela ves associated with the inquiry did not raise any doubts about the death. The inquiry magistrate concluded that the UTP jumped from a tree in the jail, sustained injuries, and died during treatment. A er analysing the records, the Commission observed that the UTP was a pa ent diagnosed with psychosis and died by suicide by jumping from a tree. The Commission noted that ensuring the safety and security of inmates is the responsibility of the State, and in this case, the State failed to protect the life of the UTP in its custody. The instant case clearly showed the failure of the jail officials in fulfilling this duty. Therefore, a Show Cause No ce was issued under Sec on 18(a)(I) of the PHRA to the Chief Secretary, Government of Maharashtra, as to why a compensa on of Rs. 7.5 lakh (Rupees Seven Lakh Fi y Thousand only) should not be recommended to the NoK of the deceased prisoner, who lost his life while in custody. In compliance with the Commission's order, a le er dated 13 June 2022 was received from the Deputy Secretary, Home Department, Government of Maharashtra, sta ng that the deceased prisoner was suffering from acute stress psychosis illness. He received immediate medical 26 assistance and was promptly referred to Sas o o n G e n e ra l H o s p i t a l , P u n e , Maharashtra, for further medical treatment. The report further emphasised that there was no negligence on the part of the prison authority and requested a reconsidera on of the compensa on amount. A er reviewing the requisite reports, the Commission concluded that it is the cardinal duty of the State to ensure the safety and protec on of life of a prisoner in custody, and the jail authori es failed to fulfill this duty, resul ng in gross viola on of deceased's human rights. Therefore, the Commission reiterated its recommenda- on and confirmed the monetary compensa on. Accordingly, the Deputy Secretary, Home Department, Government of Maharashtra, confirmed that the payment had been disbursed to the mother of the deceased.Since the Commission's recommenda on was complied with, the case was closed on 11 January 2023. 6.) Custodial death of an under-trial prisoner in mysterious circumstances in Adarsh Central Jail, Beur, Patna, Bihar. (Case No. 2220/4/26/2017-JCD) This ma er pertains to an in ma on received on 04 August 2017, by the Commission regarding the custodial death of an UTP, aged 22 years, while in the judicial custody of Adarsh Central Jail, Beur, Patna, Bihar, on 3 August 2016. It was observed that the deceased died under mysterious circumstances inside the jail toilet. The cause of death, as determined in the post-mortem examina on (PME) report, was asphyxia resul ng from ligature compression of the neck consistent with strangula on, both external and internal air passages being blocked before death. The report also indicated that the findings of the PME and the inquest report suggested a homicidal cause of death. The enquiry magistrate concluded that the death of the deceased was not due to suicide but rather resulted from strangula on. Considering the specific findings of the enquiry magistrate, which established the cause of death as strangula on, the Commission held the view that the State, which bears the responsibility to ensure the safety and security of inmates under its custody, failed to fulfill this duty in the present case. Therefore, the State was vicariously liable to provide compensa on to the NoK of Chapter 7 - Thematic Areas