Thus, in the case of Sanabhai Bhulabhai Machhar, the Commission considered that
the death occurred in suspicious circumstances and the police officials on duty did not exercise
the due diligencs expected of them. This case is a significant illustration of the widened
scope of the meaning which the Commission has given to the concept of immediate interim
relief. The Commission took the position that it is not required in a case to establish that the
public servant was negligent in preventing the violation of human rights. It is sufficient to bring
the case within the doctrine of res ipsa loquitor if the concerned public servant has not exercised
due diligence. The Commission has thus enhanced the meaning of Section 18(1) and has
broadened the horizons of S.18(3) of the Act.
POLICE BRUTALITY
4.
Death of Punjabhai Somabhai Thakor due to Police beating: Gujarat
(Case Mo.6123195-96iNHRC)
The deceased, Shri Pmjabhai Thakor aged 55, was a suspoct in a case of theft of an
article worth Rs.14,6951-from the house of a resident of Napa. An offence was registered
under sections 457,380 of /PC on 18 September 1995. The deceased and two other suspects
were alleged to have voluntarily presented themselves on 13 November 1995 for interrogation.
During the course of investigation, the deceased suddenly complained of giddiness and lay
down. The PSO instructed that he be admitted in the hospital. Head Constable Juwar Singh
and another Constable, Balwant Singh, took him to the Municipal Hospital. The doctor was
not available. The Head Constable checked his pulse and found him dead. They left the body
there and returned to the police station to report the death. The death took place around
18.00 hrs on 13 November 1995. The inquest Panchanama was held on 14 November 1995 at
08.00 hrs. In the meantime, rodents had bitten the body.
The inquest Panchnama report stated that there were dark spots of beating on the
back, buttocks and the back of the thighs and legs. The Magisterial enquiry found that the
interrogation was conducted without arrest warrant and proper remand; no doctor was present
in the hospital. In spite of no doctor being available, the body was left in the 'dead body room'
without proper care; the body was not kept safely and rats had bitten the body. Earlier, the
police had not immediately attended to the deceased when he had complained of giddiness.
Overall, according to the enquiry, the police had acted negligently and had not performed their
duty according to law. The SDM, on the basis of the report, had recommended that the complaint
be handed over to the Vigilance Department. He also registered a case u/s 302,114 of IPC
against the police officials. The post-mortem report found the cause of death due to cardiorespiratory failure. The Home ~epahmentof the State Government reported that the Human
Rights Cell of the State Government accepted the view expressed in the inquiry report of the
SDM that the death of Shri Punabhai Takor did not occur due to police atrocities while in
custody but due to cardio-respiratory failure.