NHRC, India
by the police officials in this case, and a departmental enquiry had been initiated against the
officials, who could not take timely action in sending viscera report, etc., corroborated the
fact that there was negligence on the part of the jail officials while investigating the case. The
Commission was not satisfied with the response of the jail authority.
6.
iii.
In light of the above, the Commission held the State vicariously liable keeping in view that
the State was bound to protect the safety and security of a prisoner and hence issued a Show
Cause Notice dated 21.09.2020 to the State through its Chief Secretary as to why monetary
compensation of three lakh rupees should not be paid to the next of kin of the deceased.
iv.
The DIG, Prison Administration and Reforms Services, Uttar Pradesh, vide communication
22.12.2020, opposed the recommendations for monetary relief pleading that the MER didnot
bring out any foul play in the matter nor did the family members of deceased victim raise
any objection. Therefore, there was no justification for recommending compensation to the
NoK of the deceased victim.
v.
The Commission held that it had issued Show Cause Notice based on the way the investigation
was carried out by the police in the matter, which indicated a case of negligence on the part
of the jail officials. Further, the Commission was also not satisfied with the response of
the jail authority and, therefore, the Commission reiterated the earlier confirmation of the
recommendation of compensation of Rs. 3 lakh on 22.04.2021.
vi.
In response dated 05.10.2021, the Superintendent of Prisons, Prison Administration and
Reform Services, Uttar Pradesh, submitted that the compensation of Rs. 3,00,000/- was paid
equally, i.e, 1,50,000/- each through DD to the two sons of the deceased prisoner as directed
by the Commission, and the Commission closed the case on 01.11.2021.
Custodial death of an under-trial prisoner of the Central Jail Motihari, Bihar, during
treatment on account of police assault/brutality.
(Case No. 2924/4/8/2017-JCD)
i.
The Commission received an intimation of death, dated 17.10.2017, from the Superintendent,
Central Jail, Motihari, Bihar, regarding an under-trial prisoner Dheeraj Kumar, who died
during treatment in Sadar Hospital, Motihari, on 17.10.2017.
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.
It was observed that the health screening report, inquest report and PMR revealed injuries on
the body of the deceased. The cause of injury was not specified in health screening report. As
per the record of treatment, the deceased was initially treated at the Jail Hospital thatreferred
and sent him to Sadar Hospital, where he died on the same day during treatment. The cause
of death as per PMR was chronic lung disease. Further, the magisterial enquiry in the matter
submitted by JMIC, Motihari, East Champaran, Bihar, revealed that during the course of
enquiry, the relevant records and witnesses were examined. It was mentioned in the MER
ANNUAL REPORT
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2021-22