Annual Report 2012-2013
actual disease or illness suffered by the prisoner. The Commission observed that there
appeared to be a prima facie violation of the right to life in the said case including right to
get necessary medical treatment from a doctor during the custody in jail.
4.29
The Commission directed the Chief Secretary, Government of Assam to show cause
as to why a suitable compensation should not be awarded to the next of kin of the deceased
Lal Mahatoo for medical negligence on the part of officers and employees of the State.
4.30
The Secretary, Medical and Health Department, Government of Assam and Director
General of Prisons, Assam were also directed to get a thorough enquiry conducted against
the concerned doctors and the jail officials for alleged medical negligence in the treatment
of the deceased prisoner as per the report of magisterial enquiry and to take appropriate
action against the erring officials.
4.31
The requisite reports are awaited by the Commission.
5.
Death of Sivakumar in Judicial Custody in Tiruchirapalli due to Torture by Police
(Case No. 1014/22/36/08-09-JCD)
4.32
The Commission received an intimation dated 18 August 2008 from the District
Collector, Tiruchirapalli that two employees of Sree Ramvilas Oil Company of Thiruvaiyaru
were waylaid and looted of `56,60,000 while they were going to deposit the collection money
in ICICI Bank at Kumbakondam. A criminal case No.157/2008 was also registered on 8
July 2008 at Swamimalai Police Station regarding the dacoity. During investigation by the
police, the name of one Sivakumar came to light and he was arrested on 15 August 2008 at
06.15 a.m. near Leelavati Tea Stall in Thillaisthan village. The information of arrest was
given to his sister and some recoveries were also made from Sivakumar's house. Thereafter,
he was produced in the court and remanded to judicial custody for 15 days. He was sent to
Central Prison, Tiruchirapalli. On 17 August 2008, he was sent from the jail to Government
Hospital, Tiruchirapalli with multiple injuries. He died in the hospital on the same day
during the course of treatment. The postmortem report revealed eleven ante-mortem
injuries and the cause of death was on account of multiple contusions and respiratory distress.
4.33
During the magisterial enquiry, while the police claimed that Sivakumar had been
arrested around 6.15 a.m. on 15 August 2008, Sasikala, wife of the deceased deposed before
the Magistrate that her husband was taken away for interrogation on 5 August 2008. She
also stated before the Magistrate that she had gone to Swamimalai Police Station on 9 August
2008 with her relatives and Advocate R. Sivasubramanyan. She further stated that the
Advocate was allowed to meet her husband who after the meeting informed that Sivakumar
was beaten and had swollen legs. She testified that on 15 August 2008 while she had gone
with her relatives to Karakottai to perform the last rites of her grandmother, the police
came to her house and told the sister-in-law that Sivakumar was being taken to Tiruchi
Prison.
NHRC
29