Annual Report 2012-2013
a case of custodial suicide. He also did not believe that the deceased was mentally sick. The
Judicial Magistrate recommended that a case u/s 342/302/201/34 IPC be registered against
the erring police officials and the matter investigated by appropriate agency.
4.66
The Commission upon consideration of the matter observed that as per the
magisterial enquiry report there was no case registered against the deceased. He was also
not a criminal. He was kept in the lock-up illegally where he made an attempt to commit
suicide and later on died in the hospital on the same day. The human rights of the victim
had definitely been violated. The Commission consequently issued a notice to the Chief
Secretary, Government of Jharkhand calling upon him to show cause why monetary relief
may not be recommended to be paid to the next of kin of the deceased.
4.67
The Deputy Secretary (Home), Government of Jharkhand informed that it had no
objection to the grant of token amount of compensation to the next of kin of the deceased.
4.68
The Commission further observed that the Chief Judicial Magistrate who conducted
the judicial enquiry had indicted the police officers for custodial death of Rishi Kumar and
recommended registration of a criminal case against the erring police officers to be
investigated by an appropriate agency. An amount of ` 5,00,000 was recommended to be
paid as compensation to the next of kin of the deceased. The Chief Secretary, Government
of Jharkhand was directed to send the proof of payment and inform the Commission about
the action taken on the judicial enquiry report submitted by the Chief Judicial Magistrate,
Garhwa.
4.69
In response, the Under Secretary, Home Department, Government of Jharkhand
vide communication dated 16 April 2012 forwarded the compliance report along with proof
of payment of `5,00,000 made to the father of the deceased vide banker's cheque No. 748389
dated 12 April 2012. The Inspector General of Police, CID, Jharkhand vide communication
dated 16 April 2012 also informed to the Commission that pursuant to the findings of the
judicial enquiry, a case vide FIR No.109/2012 for the offence punishable under Sections
342, 302, 201, 34 IPC was registered at P.S. Garhwa on 14 April 2012 and the same was
being investigated.
4.70
The Commission upon consideration of the compliance report and the
communication from the CID, directed the Director General of Police, Jharkhand to ensure
proper supervision of the case being investigated by the State CID as well as ensure that
departmental proceedings initiated against the delinquent police personnel are expedited
and finalized at the earliest. With these directions, the Commission on 1 May 2012 took the
compliance report on record and closed the case.
9.
Death of Chukka Bala Anthony in Central Jail, Kadapa, Andhra Pradesh
(Case No. 586/1/11/08-09-AD)
4.71
The Commission received a complaint from Chukka Lakshamma, a resident of
Koilakuntla town, District Kurnool in Andhra Pradesh alleging that her husband Chukka
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