Annual Report 2012-2013
on the part of the police. The Commission thus felt that grant of interim relief to the next of
kin of the deceased in the given case is justified. Hence, it recommended payment of interim
relief amounting to ` 5,00,000 to the next of kin of Sampath.
4.59
The Deputy Secretary, Home (SSA) Department, Government of Kerala informed
to the Commission that it had sanctioned `5,00,000 as interim relief to the next of kin of the
deceased. He further informed that the State Police Chief acting on the directions of the
Government of Kerala had disbursed an amount of `1,25,000 each to the mother and widow
of the deceased. The remaining `2,50,000 will be paid equally to the two children of the
deceased, Sampath.
4.60
The Inspector General of Police, Police Headquarters, Thiruvananthapuram, Kerala
vide his communication dated 9 May 2012 further informed that balance amount of the
interim relief of `2,50,000 had been disbursed to Saritha, wife of the deceased Sampath, on
12 April 2012. The proof of payment was also annexed.
4.61
The Commission considered the matter and noted that as the CBI case was being
monitored by the Chief Judicial Magistrate, Ernakulam and in view of the fact that the total
amount of interim relief of ` 5,00,000 as recommended by the Commission was paid, no
further action was called for. The compliance report was taken on record on 3 July 2012
and the case was closed.
8.
Death of an Innocent Person in Police Custody in Jharkhand
(Case No. 685/34/7/2011-PCD)
4.62
The Superintendent of Police, Garhwa, Jharkhand sent an intimation to the
Commission that on 19 May 2011 Coy Commander, Bazar Samiti, CRPF apprehended one
Rishi Kumar on suspicion and handed him over to Police Station Siristha where on being
violent, he was put in the lock-up. In the toilet of the Police Station, Rishi Kumar locked
himself and attempted suicide by tighening his banyan (vest) around the neck. He was
immediately taken to Sadar Hospital where he died during treatment on the same day.
4.63
The Superintendent of Police, Garhwa vide letter dated 30 June 2011 forwarded the
copies of inquest, postmortem and magisterial enquiry report. While the inquest report
revealed only a light mole mark around the deceased's neck, the postmortem report revealed
several abrasions on various parts of the body of the deceased. All injuries were caused by
hard and blunt substances.
4.64
The Sub-Divisional Magistrate, Garhwa who conducted the magisterial enquiry
report concluded that the deceased Rishi Kumar was not a criminal and there was no case
registered against him. Because of his abnormal behaviour, he was kept in the lockup where
he attempted to commit suicide and later died in Sadar Hospital.
4.65
The Chief Judicial Magistrate, Garhwa who also conducted a judicial inquiry over
the incident concluded in his report that prima facie it was a case of custodial death and not
34
NHRC