6.30 The matter was also enquired into by the State CID, Aurangabad and based on it a Case No.
6/2003 at Police Station Kaij u/s 302/330 IPC was registered. After the investigation Police SubInspectors S.D. Sanap, G.S. Kanade and Dr. S.K. Goli were charge-sheeted u/s 302/323/218 IPC in
the Court of Judicial Magistrate, Kaij. The State Government accorded sanction for prosecution of
Police Sub-Inspectors S.D. Sanap and G.S. Kanade as well as Dr. Goli.
6.31 While considering the matter on 18 June 2007, the Commission recommended to the Chief
Secretary, Government of Maharashtra, that the State must pay Rs. 2,00,000 as monetary relief to
the next of kin of the deceased within six weeks and submit a compliance report along with proof
of payment. The compliance report, along with proof of payment, is awaited.
5.
Death of Undertrial Prisoner Anil Kumar Tyagi in Judicial Custody in Tihar Jail, New Delhi
(Case No. 2746/30/2000-2001-CD)
6.32 Taking cognizance of an intimation dated 13 November 2000, received from the Deputy
Superintendent of Central Jail No. 3, Tihar, New Delhi, about the death of undertrial prisoner Anil
Kumar Tyagi s/o Shri Chuttan Singh, on 13 November 2000, the Commission called for the
requisite reports.
6.33 Based on various reports received, the Commission on 16 September 2005 observed that the
concerned jail officials were prima facie responsible for the death of Anil Kumar Tyagi, resulting in
violation of his human rights.
6.34 In response to the Commission's show-cause notice, the Deputy Secretary (Home), Delhi
reported that the matter was under investigation and that the sanction had already been granted
by the Lt. Governor of Delhi for prosecution of concerned jail officials. It was further stated that
since the matter was sub judice, the decision for payment of monetary relief can only be taken after
the final verdict of the Hon'ble Court.
6.35 The Commission, in its final consideration of the matter on 18 April 2007 did not find any
merit in the contention. It observed that "the proceedings before the Commission are independent
of any other proceedings which may be pending in any Court. After the Commission finds prima
facie evidence of violation of human rights, there can be no bar on its power to grant relief to the
victim or his next of kin. It is the legal obligation of the State to protect the life of citizens.
Registration of FIR u/s 304 of IPC against jail officials and grant of sanction for their prosecution
by the Lt. Governor shows prima facie that the State failed in its duty to afford protection to the
deceased prisoner”.
6.36 The Commission thus recommended that the Government of NCT of Delhi pay Rs. 1,00,000
as monetary relief to the next of kin of deceased Anil Kumar Tyagi and submit a compliance report
with proof of payment within eight weeks. The compliance report and proof of payment have been
received from the Director General (Prisons), Delhi and the case was closed by the Commission on
8 October 2007.
National Human Rights Commission 37