NATIONAL HUMAN RIGHTS COMMISSION
compensation should not be recommended to be paid to the next-of-kin of the deceased
undertrial prisoner Kamal Singh for violation of his human rights.
4.31 In response to the Show Cause Notice issued under section 18(e) of the Protection
of Human Rights Act 1993, the State government opposed the grant of compensation on
the ground that the health of the deceased (prisoner) was found perfect on 20.07.2013. On
21.07.2013 to 24.07.2013 he was admitted at CHC Mahendragarh where he was attended by
three physicians and the best possible treatment was provided. Moreover, no external injury
was noted on his person. Further it has been said that due to non-avialbility of CT scan and
MRI facility at CHC Mahendragarh, the internal injuries could not be detected. Afterwards,
he was sent to District Hospital, Baikunthpur where he died.
4.32 The Commission on 03.07.2017 considered the report of the State Government and
observed that the report is self contradictory. If the deceased was not having any problem
on 20.07.2013 then why was he admitted to CHC Mahendragarh on 21.07.2013 and kept
upto 24.7.2013? Secondly, if the MO thought of some problem with his internal organs why
no steps were taken to get his CT scan and MRI done at a place where these facilities were
available? The suspicion of internal injury, itself is indicative of the fact that deceased was
subjected to torture in jail. The Commission was therefore not satisfied with the explanation
submitted and rejected the same.
4.33 The Commission, recommended to Chief Secretary, Government of Chhattisgarh to pay
a monetary compensation of ` 2,00,000/-( Rupees Two Lakhs only) to the next of kin of the
deceased undertrial Kamal Singh. After receipt of the compliance report along with proof of
payment, the Commission has closed the case on 10.11.2017.
(b)
Unlawful Arrest, Illegal Detention and Torture
5)
Illegal Detention and Torture of Complainant’s Nephew Phuleshwar Yadav by
Maharashtra Police
(Case No. 476/13/16/2012)
4.34 The Commission received a complaint from one Anju Ramesh Yadav alleging that her
nephew Phuleshwar Yadav was subjected to illegal detention and torture on 2.11.2011 by
Maharashtra Police for reasons best known to him. The complainant disclosed that the victim
was a kidney patient and after torture, the victim has suffered loss of hearing in one ear.
4.35 Pursuant to the directions of the Commission, a reply dt. 13.7.2012 received from the
SP, Thane, admitted that the victim had been taken by the concerned officer to his custody for
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