NHRC, India
Rajasthan was vicariously liable for the acts of its servant. The Commission vide proceeding
dated 06.07.2021 issued a notice u/s 18(a)(i) of the Protection of Human Rights Act, 1993,
to the Government of Rajasthan through its Chief Secretary, to show cause as to why the
Commission should not recommend monetary compensation of rupees two lakh to the next
of kin of the deceased.
5.
iv.
In response to the Show Cause Notice, a reply dated 26.8.2021 was received from the
Additional Chief Vigilance Commissioner, Department of Home (HR), Government of
Rajasthan, which stated that as per the magisterial enquiry report, the deceased prisoner had
committed suicide due to depression. It does not bring out any negligence and lapse of duty
on the part of jail authorities. Further as per the legal advice obtained by the Department,
the jail administration cannot be held liable for the death of the victim, and therefore the
department did not propose compensation in the matter.
v.
The Commission, on perusal of the records, observed that the Jail Authorities have failed
to ensure the safety and security of the prisoner at the relevant time. It was a clear case of
violation of the human rights of the deceased, and the Commission vide proceeding dated
30.09.2021confirmed the monetary relief of rupees two lakh to the next of kin of the deceased
and directed the Government of Rajasthan through its Chief Secretary to pay monetary relief
of rupees two lakhs to the next of kin of the deceased victim as compensation, and to submit
a compliance report along with proof of payment within six weeks.
vi.
A compliance report on the payment of compensation was received from the State authority
on 21.12.2021, and the case was closed by the Commission on 18.02.2022.
Custodial death of a convict prisoner in the custody of District Jail, Meerut, UP.
(Case No. 34290/24/54/2016-JCD)
i.
The Commission received an intimation dated 17.09.2016 from the Senior Superintendent
of District Jail, Meerut, regarding the custodial death of convict prisoner Mangeram, s/o
Balwant, on 15.09.2016. The deceased had complained of severe pain in his abdomen. He
was immediately sent to the Medical College, Meerut, where he was declared brought dead.
ii.
Pursuant to the directions of the Commission, requisite reports were submitted by the
authorities concerned. On the analysis of the reports, the Investigation Division of NHRC
observed that there was a deliberate attempt by the jail authorities to suppress information in
this matter. None of the reports/documents such as the Inquest Report, Post-mortem Report
(PMR), a video cassette of Post-mortem Report, MER, health conditions, and medical
treatment records weretimely submitted despite several reminders and summons. The
viscera were sent for examination after two years; by that time, it had deteriorated, and thus,
no viscera analysis could be done. The MER was concluded after five years, and that too
without any documents and records, and due to non-availability of the viscera, the MERcould
not be completed for want of timely action by the jail police officials. While considering the
reports received, the Commission observed that the way the investigation was carried out
ANNUAL REPORT
55
2021-22