Annual Report 1999-2000
Death in custody due to police negligence: Uttar Pradesh
(Case No. 3583/24/97-98/CD)
The death of an undertrial prisoner, Rajan Singh, was intimated to the Commission by
the Additional Inspector General of Prisons, Uttar Pradesh. According to the report
received, Shri Rajan Singh had been detained in District Jail, Agra, since 18 January
1995. On 20 September 1995, he tried to escape from a police truck while he was being
taken to court along with 13 other undertrial prisoners. It was further reported that
another undertrial prisoner, Sanjay Tiwari, who was also travelling in the same truck,
jumped and escaped from custody.
The post-moft.em report stated that death had occurred due to shock and haemorrhage
caused by ante-mortem injuries. The magisterial report stated that Rajan Singh had
consiuned liquor supplied by police personnel while he was in custody, and had also
picked up a fight with them under the influence of liquor. The report held the police
personnel guilty of negligence for not having given adequate and satisfactory escort to
the prisoner.
The Commission was of the view that the theory of escape from custody was make
believe. The injuries supposedly caused by jumping from a moving vehicle, particularly
when there was no mention that he was prevented by anyone from jumping, could not
have been so serious and extensive as to have caused death. Further, the magisterial
enquiry indicating that Rajan Singh had been administered liquor while in custody,
pointed to the fact that he could have been subjected to beating while in the police
vehicle. The Commission concluded that the life of a young man had been cruelly ended
owing to torture and beating by police personnel.
The Commission thus directed the State to pay immediate interim relief of Rs. 5 lakhs
to the next of kin of the deceased. The Commission questioned as to whether the second
undertrial prisoner, Sanjay Tiwari, had really escaped from custody or had been done
to death and his body disposed of. It directed the Government to entrust the two cases
to the State Crime Branch Central Investigation Department (CBCID) for in-depth
investigation and action thereon. The Commission also recommended initiation of
appropriate^ disciplinary action for major penalties against all those responsible for the
two incidents, and suitable action taken in accordance with the law.
Suicide in police lock-up: Kolar, Kamataka
(Case No. 12098/96-97/NHRC)
The Commission was informed by the Superintendent of Police of Kolar District of the
death of one Thimmaiah in the Mulbagal Police Station. Thimmaiah had allegedly
committed suicide with a nylon rope hung from a window bar in the toilet of the police
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