National Human Right Commission
custody is sufficient to conclude that the above authorities had been negligent
in performing their duties. On the day he was taken to Tis Hazari Court, that
is on 28 January 2012 he was initially in the custody of the Prison authorities
and then he was handed over to the DAP men. Thereafter, he remained in the
custody of DAP during transit from Tihar Jail to Tis Hazari Court, during his
appearance in the Tis Hazari Court and during his transit from Tis Hazari Court
to Tihar Jail. And, then he was handed over to the Prison authorities. For that
reason, it is suficient to conclude that the Prison authorities and Delhi Police
Chapter - 4
to procure and had consumed a narcotic substance while being in the judicial
were jointly responsible for the death of the accused undertrial Naim alias
Nadeem.
4.17 As negligence on the part of the above two authorities was proved, the
Commission found it to be a fit case for recommendation of interim relief u/s 18
(c) of the Protection of Human Rights Act, 1993 to the next-of-kin of the deceased.
The Commission on 21 April 2015 recommended a sum of Rs.1,00,000/(Rupees One Lakh only) to be paid to the next-of-kin of the deceased in the
ratio of 50:50 by the Government of NCT of Delhi and the Ministry of Home
Affairs, Government of India, which is the concerned Ministry for Delhi Police.
The Chief Secretary, Government of NCT of Delhi and the Secretary, Ministry of
Home Affairs, Government of India were consequently directed to submit the
compliance report along with proof of payment to the Commission within six
weeks. The compliance report is awaited.
Police Custody
3.
Death of Devu Sattababu in Puducherry Police Custody
(Case No.56/32/4/2011-PCD)
4.18 The Commission received a complaint from Devu Chandra Kala alleging
that her husband Devu Sattababu was taken away by the police on 10 November
2011 and he died on 11 November 2011 while in police custody. It was further
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