NATIONAL HUMAN RIGHTS COMMISSION, INDIA 6. Death of an under trial prisoner Gobinda Barman S/o Lajbat Barman in the Raiganj District Correctional Home, Uttar Dinajpur, West Bengal (Case No. 969/25/16/2013-JCD) i. The Commission received an intimation from the Superintendent, Raiganj District Correctional Home, Uttar Dinajpur, West Bengal regarding the custodial death of an under trial prisoner Gobinda Barman S/o Lajbat Barman on 04.08.2013. ii. Pursuant to the directions of the Commission, reports were received from the concerned authorities. The proforma for health screening of prisoner at the time of admission to the Home reveals that the deceased was not suffering from any disease at the time of admission to the Home. The inquest report did not reveal any injury on the body of the deceased except ligature mark on the neck. The post mortem examination report also shows one ligature mark obliquely around neck. No antemortem external or internal injury was found on the body of the deceased. The cause of death was given as ‘asphyxia due to ante-mortem hanging, suicidal in nature’. The magisterial enquiry concluded that death of Gobinda Barman is due to ‘antemortem hanging, suicidal in nature. iii. The Commission further observed and directed that it is absolute duty of the State to ensure the safety and security of a person in its custody and to ensure that he does not cause any harm to himself or to anybody else. In the case in hand, it would appear that the prison staff committed negligence in keeping surveillance on the activities of the deceased and this negligence gave him an opportunity to commit suicide. For this breach of duty to take care of a person in its custody, the State must bear the liability to make reparations to the next-of-kin (NoK) of the deceased undertrial prisoner Gobinda Barman. iv. The Commission has issued a notice u/s 18(a)(i) of The Protection of Human Rights Act(PHRA), 1993, to the Government of West Bengal, through its Chief Secretary, to show cause, within six weeks, as to why the Commission should not make a recommendation for payment of Rs.100,000/- as compensation to the next-of-kin(NOK) of the deceased undertrial prisoner Gobinda Barman. v. The reply is awaited. b) Unlawful Arrest, Illegal Detention and Torture 7. Alleged illegal arrest, custodial torture and false implication by the police of PS Baba Hari Das Nagar, Delhi (Case No. 3052/30/7/2016) i. 40 The Commission received a complaint from Shri Mohit Kumar, Najafgarh, Delhi alleging that he along with his brother-in-law Harsh Sharma, brother Vishal and and his father Rohit Kumar were brutally beaten up by the police and all were implicated in a false case registered at PS Baba Haridas Nagar, Delhi. ANNUAL REPORT 2018-19