of Uttar Pradesh, Lucknow on 17 November 2006, indicated that an amount of Rs.1,50,000 as
compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
had been paid to Smt. Bundela Devi, wife of the deceased Surendra Pasi, and as such payment of
additional sum as monetary relief was not justified.
6.41
However, the Commission observed that “the financial assistance of Rs. 1,50,000 had been
given according to the statutory requirement of Rules framed under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. The reason for grant of such financial assistance
was that the deceased belonged to a particular caste. For violation of human right the monetary
relief shall have to be given separately." Therefore, considering all the circumstances of the case,
the Commission recommended to the State of Uttar Pradesh to pay an amount of Rs. 2,00,000 as
monetary relief to the next of kin, in addition to what may have been already paid in compliance
with the statutory requirement. As the compliance report along with proof of payment was
received, the case was closed.
8.
Death of Olik Tayeng in Police Lock-up at Itanagar, Arunachal Pradesh
(Case No. 14/2/2003-2004-CD)
6.42 The DIG (Police HQs.), Arunachal Pradesh vide intimation dated 22 October 2003 informed
the Commission that one Olik Tayeng, aged 19 years, who had been arrested on 21 October 2003 in
Cr. case No.12/03 registered at Police Station Dambuk, had committed suicide in the morning of
22 October 2003 by hanging himself in the toilet of the police lock-up with a piece of blanket.
6.43 Upon perusal of the report received from the State authorities stating that Sub-Inspector
has been found negligent and has been punished with withdrawal of two increments permanently
with cumulative effect, the Commission observed that the police officials were found negligent in
prevention of violation of human rights of the deceased and have been punished in departmental
proceedings. Therefore, it is felt that grant of monetary relief is justified. The Commission
recommended to the Chief Secretary, Arunachal Pradesh a payment of Rs. 1,00,000 u/s 18(3) of the
PHRA, to the next of kin of the deceased. The compliance report, along with proof of payment, is
awaited.
9.
Death of an Undertrial Prisoner Abhishek Sahu due to Lack of Treatment in Judicial Custody at
Special Jail, Bhubaneshwar, Orissa (Case No. 42/18/2003-2004-CD)
6.44 The Commission received an intimation on 28 April 2003 from the Superintendent of
Special Jail, Bhubaneswar, Orissa regarding the death of undertrial prisoner Abhisek Sahu, aged
about 25 years, in judicial custody. It was stated that he died on 26 April 2003 while undergoing
treatment in the Capital Hospital, Bhubaneswar.
6.45 The Commission considered the reports received and observed that the prisoner was
neither given an opportunity to arrange for his treatment on his own nor did the jail authorities
National Human Rights Commission 39