The Commission considered this report, the post mortem examination report and the
statements of witnases examined by the City Magistrate during the course of inquiry. In the
post mortem report, the doctor concerned had given the cause of death as malnutrition
(starvation). The witnesses examined by the City Magistrate included the mother of the child,
sister-in-law, matron of the women's ward of the jail, the Deputy Supdt. of the jail and others.
None of these witnesses put any Mame on anyone. However, the mother of the deceased
child categorically deposed that she did not get the diet to which she was entitled immediately
after the delivery a d that, in turn, she was unable to provide the requisite nourishment to the
sucking child. The Commission noted that this, coupled with the opinion of the doctor conducting
the post-mortem, wuld point a finger on the question of adequacy and quality of the diet
which was giwn to the mother of the deceased child during her stay in the jail. The Commission
arrived at the view that the death of the infant child could not be said to be 'natural', but was
attributable to malnutrition (starvation) which, the Commission believed, must have occurred
due to inadequacies in the quality and quantity of food served to the mother and, hence the
child. The Commission thus held the jail authorities guilty of violating their duties and obligations,
as they.wem under an obligation to take special care of the infant child which was only 10 days
old when brought to the jail alongwith the mother. The Commission thus deemed appropriate
to recommend that State of Haryana pay the mother a sum of Rs.20,000/- by way of 'immediate
interim relief'.
POLICE HARASSMENT, INACTION AND NEGLIGENCE
Pollce Harassment of Shri Shakunl Choudhary, MLA, Bihar
(Case CJ0.641195-96/NHRC)
The Commission received a complaint from Shri Shakuni Choudhary and Shri ~ e o r ~ e
Fernandes of the Samata Party alleging harassment by police of Shri Shakuni Choudhary and
members of his family. The Commission called for reports from the DQP Bihar as well as from
its own investigation team.
On considering the investigationreports, the Commission recommendedthat immediate
departmental action be taken against the erring police officers, including a Dy. S.P. and SHO,
for harassing Shri Shakuni Choudhary, and attaching his property without justification. The
Commission directed the DGP Bihar to report within four months on the results of the
departmental inquiry. The Commission, convinced that Shri Shakuni Choudhary and members
of his family had been tortured and their dignity towered, recommended a consolidated sum of
Rs.25,000/- by way of compensation and directed the Government of Bihar to make the payment
to the complainant. The Government complied with the direction, upon further interventions
by the Commission, and paid the sum of Rs.25,0001- to Shri Choudhary. Departmentat
proceedings against the erring police officers were also initiated.