NHRC, India
7.10 The Commission has also said that the focus should be on initial health screening of every inmate
at the time of admission or entry to the jail as per the format prescribed by the NHRC. Besides the
ECG and diabetes tests at the time of initial screening, the multi-drug-resistant inmates should be
kept separate from non-drug-resistant inmates. The Commission has asked the Registrar, Gujarat
High Court, to ensure a high-speed network before conducting proceedings from jail. At the
examination stage of witnesses, the inmates must be called from the Prison to assist their counsel
in cross-examination. Further, on the litigation side, it has been recommended to provide senior
lawyers from the Legal Service Authority to represent accused booked under heinous crimes and
involve Law students to assist the Legal Aid lawyers.
7.11 Illustrative Cases
1.
Custodial death of an under-trial prisoner by hanging (suicide) in Central Jail at Nahan
Town under Sirmaur District of Himachal Pradesh.
(Case No. 117/8/10/2018-JCD)
i.
The Commission received an intimation dated 03.08.2018 from DM, Sirmaur, Himachal
Pradesh, stating that an under trial prisoner, namely, Arjun, s/o Padam Bahadur, r/o Morang
District of Nepal, had committed suicide on 03.08.2018 in Central Jail at Nahan Town under
SirmaurDistrict of Himachal Pradesh.
ii.
In response to the Commission’s directions, the requisite reports in the matter were received
from the authorities concerned, which were analysed by the Investigation Division of NHRC.
On analyzing these reports, the Investigation Division observed that as per the Magisterial
Enquiry Report (MER), the death was on account of asphyxia. It was also concluded in the
MER that the fan from which he was found hanging was easily accessible to any person who
wants to end his/her life.However, it was stated in the MER that there was no negligence or
foul play on the part of jail authorities in the death of the deceased.
iii.
On perusal of the aforesaid reports, the Commission directed to issue notice u/s 18 of the
PHR Act, 1993, to the Chief Secretary, Government of Himachal Pradesh to show cause as
to why the Commission should not grant monetary compensation of rupeesthree lakhto the
NoK of the deceased convict Arjun, s/o Padam Bahadur, of Model Central Jail, Nahan. The
Commission also directed the DG Prisons, Government of Himachal Pradesh,to submit an
action taken report against the delinquent jail officials.
iv.
In response to the show cause notice, the Special Secretary (Home), Government of Himachal
Pradesh, Shimla, forwarded the reply dated 03.01.2021 of DG, Prisons, Himachal Pradesh.
It was submitted by the DG Prisons that life convict Arjun, S/o Padam Bahadur, committed
suicide by hanging and there had been no negligence or foul play or custodial violence on
the part of the jail authorities in the death of the deceased. As far as the fan, which was
used by the victim for hanging, is concerned, the ceiling fan was installed long back in
the barracks of the jail because of the warm climate for the welfare of the prisoners. The
deceased prisoner was a life convict and he had already served more than 11 years in the
ANNUAL REPORT
51
2021-22