Annual Report
2013-14
to another hospital for better treatment. However, unfortunately, he died on
account of injuries on his person. Thus, this is nothing but a serious violation of
human rights of the victim.”
4.15 In view of the above observations, the Commission issued a notice u/s 18 of the
Protection of Human Rights Act, 1993 to the Government of Rajasthan to show cause as to
why it should not recommend monetary relief to be paid to the next of kin of the deceased
Radhey Shyam. Sufficient opportunities were given to the Government of Rajasthan to
respond to the show cause notice but it failed to respond.
4.16 The Commission took up the matter on 18 December 2013 when it presumed that
the State Government had nothing to say in the matter in view of its observations that
undertrial prisoner Radhey Shyam had died due to injuries inflicted upon him while he was
in custody, it directed the Government of Rajasthan to pay ` 5,00,000 as monetary relief to
the next of kin of the deceased and asked the Chief Secretary to submit compliance report
along with proof of payment.
4.17 Response received from the District Collector, Jaipur is under consideration of the
Commission.
2.
Suicide Committed by Prisoner in Tihar Jail, Delhi
(Case No. 378/30/9/2011-JCD)
4.18 The Commission on 15 February 2011 took cognizance of an intimation received
from the Superintendent, Central Jail No. 3, Tihar, New Delhi regarding death of prisoner
Kallu alias Veeru. It was reported that the prisoner committed suicide in the jail on 25
January 2011 by hanging himself with the help of bandage.
4.19 The cause of death was mentioned as ‘asphyxia caused by ante-mortem ligature
hanging’ in the postmortem report. The Metropolitan Magistrate who conducted the enquiry
held that there was no criminal negligence on the part of the Jail Administration. However,
the Magistrate opined that the incident could have been avoided if greater care had been
exercised but the jail authorities remained very casual, despite having the knowledge of
such incidents in the past.
4.20 The magisterial enquiry established that the suicide took place in the early afternoon,
around 03.15 p.m. and the deceased was seen alive between 02.00 p.m. to 02.30 p.m. The
Commission observed that it would not have been possible for a prisoner to commit suicide
if supervision had been proper. The Commission entirely concurred with the assessment of
the Learned Magistrate that greater care was necessary, and that the jail authorities were
not sufficiently vigilant.
4.21 The Commission has always held that when a person is in custody, it is the State’s
responsibility to ensure that s/he is not in a position to cause harm either to self or to
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