National Human Right Commission
On 29 January 2012, he took a medicine for hyper-acidity and for pain in right
shoulder from the jail dispensary but thereafter in the morning of 30 January
2012, he was found dead.
4.12 The Commission on 21 February 2012 took cognizance of the case and
obtained requisite reports through the Director General (Investigation), NHRC.
The MER dated 7 May 2012 concluded that, undoubtedly, the deceased was
lodged at the time of his death in jail no. 8/9 and as per jail rules, the inmates
Chapter - 4
entry in Tihar, the Naim alias Nadeem was having a history of mental illness.
are not permitted to consume or posses any Narcotic or Psychotropic substance
like charas, nicotine, etc. during their stay in the jail or in the lock up during the
court hearing. The presence of three packets containing nicotine and charas on
the body of the deceased at the time of his death and the subsequent opinion of
the Doctors that the deceased undertrial died due to nicotine poisoning, raised
serious questions regarding the circumstances wherein the deceased died and
hence the foul play in the death of the deceased within jail no. 8/9 on the fateful
day cannot be ruled out. Further, in view of the statement of another inmate
Shabir Ali, who observed white froth around the lips of the deceased on 28
January 2012 during the court hearing which was not present before going to
the court, there is every possibility that something foul may have happened
with the deceased on his way from the lock up to the Court or in the lock up.
A thorough and specialized investigation was required for finding out the real
cause behind the death of the accused during his judicial custody with the
connivance of the inmates, people who met the deceased during court visit
on 28 January 2012 and the jail/lock up officials regarding the availability of
nicotine with the deceased before his death cannot be ruled out.
4.13 On consideration of the MER, the Commission on 21 April 2013 observed
that it appears that the officials who escorted the accused or who had the
supervision over him in the prison, were negligent which led to his death. The
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