NATIONAL HUMAN RIGHTS COMMISSION
the statement of prosecutrix/victim recorded u/s 164 Cr.P.C, she categorically stated before
the court that she was raped by prison staff, Devendra in the women ward on 5.4.2013
4.77 The report was considered by the Commission on 10.07.2014 and being a clear case of
violation of human rights of the woman in custody, issued a notice u/s 18(a)(1) of Protection
of Human Rights Act (PHRA), 1993 to Chief Secretary, Government of Bihar to show cause
as to why the victim should not be recommended monetary relief.
4.78 The response from the State Government was considered by the Commission on
22/11/2017. The Commission observed that the fact cannot be denied by the authorities that
the prosecutrix had levelled serious allegations of rape by the jail official, inside the premises of
the jail. It is an offence against the body of the individual which is protected under Article 21
of the Constitution. The police authorities after thorough investigation, prima facie, found the
allegation to be true and had submitted the charge sheet against the accused person for trial
before the competent court. In these circumstances, the Commission does not find any merit
in the response submitted by the State of Bihar. Accordingly, the Commission recommended
the Government of Bihar for payment of ` 3, 00,000/- (Rupees three lakhs only) to the victim
for violation of her human rights. The compliance report is awaited.
14) Prisoner not taken to Court for Hearings due to Non Availability of Police Guards
(Case No.27705/24/1/2016)
4.79 The Commission received a complaint dated 12.07.16 wherein the complainant, Shambhu,
an inmate of Central Jail, Agra alleged that he is not taken to the Court on the dates of hearing
of his case due to non availability of police guards, causing delays in the adjudication of his
case by the Court.
4.80 In response to the directions of the Commission, a communication dated 31.12.16 was
received from the DM, Agra, UP according to which the complainant is a life convict in one
case as well as under trial in two other cases which are pending in different Courts. The jail
administration placed demand for guards to SSP, Agra and Inspector, Police Lines, Agra for
producing the jail inmates in different Courts. The jail inmates could be produced before the
Courts only when the police guards were provided. There is no negligence on the part of
the jail administration in this regard. Details of the dates of hearing by the Courts and the
availability/non-availability of guards on those dates were given.
4.81 The Commission considered the material placed on record on 14.06.2017 and noted
that the police guards were not provided on 9 hearings out of 23. It is the responsibility of
the police administration to provide guards on the dates of hearing for taking the jail inmates
to the Courts and bringing them back. It is apparent from the details of non-availability of
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Annual Report 2017-2018