Annual Report 2008-2009
it was stated that information on custodial deaths was to be followed by a post-mortem report,
a videography report on the post-mortem examination, an inquest report, a magisterial enquiry
report, etc. In order to avoid delays in the scrutiny of such cases, the NHRC issued additional
guidelines in December 2001, asking the States/Union Territories to send the required reports
within two months of the incident; it was underlined, inter alia, that the post-mortem report
should be submitted in accordance with the new format that had been devised by it. These
instructions, over the years, have facilitated the NHRC to exercise checks on custodial violence
and torture by the police and other public servants. In cases where there have been delays in
reporting of such incidents, the NHRC has had good reason to draw an adverse inference as to
the conduct of public servants involved. In such instances, it has probed the matter further, to
see as to whether the death has been caused by custodial violence or negligence, and to take the
matter to its logical conclusion.
5.5
The pursuit of the truth in such cases is of crucial importance to the protection of the
rights of those who are in the custody of the State. When a wrong has been done, it is not
surprising that an effort is sometimes made to conceal the truth or to underplay the responsibility
of those involved. As observed in the preceding Annual Report, the NHRC had cautioned against
custodial violence and torture, pointing out that the hostile attitude of law enforcement agencies
in turn breeds lawlessness and contempt for the enforcing authorities. The NHRC is of the firm
belief that one way of ensuring reduction in custodial crimes is to ensure stern action, including
prosecution, against the perpetrators of all forms of custodial violence, even those relating to
torture. In several such cases, the Commission has recommended disciplinary action against
the delinquent officials and granted monetary relief to the victims or their next of kin. However,
in many cases, punishment awarded by the authorities in departmental actions is not
proportionate to the offence committed.
Custodial Deaths
5.6
During the period under review, the Commission received 1,527 cases of deaths in judicial
custody, 127 cases of deaths in police custody and 6 cases of deaths in para-military/defence
forces custody. It disposed off 2,349 cases of custodial deaths – comprising 2,147 cases of deaths
in judicial custody, 201 cases of deaths in police custody and 1 case of death in para-military/
defence forces custody. These figures also include cases of previous years.
5.7
The number of cases of deaths in police and judicial custody registered by the NHRC
during 1993-1994 was 34. From 1994-1995 till 2008-2009, the NHRC registered 2,329 cases of
death in police custody and 16,136 cases of death in judicial custody. The statement showing
State/Union Territory-wise and year-wise details of cases registered in the NHRC relating to
death in police and judicial custody from 1993-1994 to 2008-2009 is given at Annexure-11. The
highest number of deaths in police custody during the period 1994-1995 to 2008-2009 were
reported from the State of Maharashtra (315), followed by Uttar Pradesh (249), Gujarat (190),
Andhra Pradesh (188) and West Bengal (162) as indicated in the Graph below.
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