NATIONAL HUMAN RIGHTS COMMISSION 4.67 In response to the show-cause notice, the Joint Secretary to the Government of Assam, Home & Political Department vide communication dated 19.07.2017 stated that the Commission might consider the submissions made in the report and pass necessary orders as deemed appropriate. 4.68 In view of the reasoning mentioned by the Commission in its proceedings dated 13.4.2017, the Commission confirmed the show-cause notice and recommended to the Chief Secretary, Government of Assam to pay a sum of ` 5 lakhs to the next of kin of the deceased Lakhan Boro. Compliance report is still awaited. 4.68 The matter is under consideration of the Commission (e) Atrocities in Prisons 12) Death of Chandrahas S/o Babu Rajput dies while in District Jail, Muzaffarnagar, U.P. (Case No.26132/24/57/2016-JCD) 4.69 This case pertains to the custodial death of a convict prisoner Chandrahas (age 38 years), S/o Babu Rajput on 24.06.2016 while in the custody of District Jail Muzaffarnagar, U.P. 4.70 Pursuant to the directions of the Commission, Supdt. District Jail, Muzaffarnagar submitted a report dated 14.07.2016 stating that the prison guards, Shri Subhash Kumar, Shri Sanjay Singh and Shri Ulfat Singh were suspended for prima facie negligence on their part and departmental action has been proposed against them. 4.71 The Commission perused the record, particularly the medical treatment records, postmortem report and the magisterial enquiry report, received in response to its directions. It was observed that 30 year old man was beaten by his co-prisoners inside the prison and the deceased died of injuries caused to him during the fight. He went into coma as a result of ante-mortem injuries. The enquiry Magistrate also concluded that the death of prisoner Chandrahas took place due to injuries caused to him by other co-prisoners. 4.72 The Commission, therefore, took the view that the life of the prisoner Chandrahas could not be protected by the jail authorities. It was the duty of the State to protect the life of prisoners in the prison and in the instant case the prison officials had failed to do so. Therefore, the State was vicariously liable for the death of prisoner Chandrahas for violation of his human rights. The Commission, therefore issued a notice to the Chief Secretary, Govt. 56 Annual Report 2017-2018

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