○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
○
Civil Liberties
○
○
○
○
○
○
○
○
○
○
○
3.27 In keeping with the guidelines issued by the Commission, the State Government Authorities
have been reporting all deaths in custody, police as well as judicial, natural or otherwise, to the
Commission. In the year 2004-2005, out of total of 1493 custodial deaths reported to the
Commission, 136 deaths in police custody and 1, 357 deaths in judicial custody. While the
number of deaths in judicial custody has to be viewed in the context of the total number of prison
inmates during a given period, the figures confirmed the view of the Commission that there is a
need for better custodial management including increase in the space for upkeep of prisoners,
better health care and medical attention and the quality of diet.
3.28 As regards the deaths which occurred in the police custody in the course of the year
2004-2005, the report indicated that there was a noticeable decline in such cases vis-à-vis the
previous year in the States of Bihar, Gujarat, Maharashtra, Uttar Pradesh, Assam, Rajasthan,
Tamilnadu and West Bengal. There was, however, an increase in the deaths in police custody
in the States of Andhra Pradesh, Karnataka, Kerala, Orissa, Delhi, Jharkhand and Uttranchal.
Similarly, there was a decline in deaths in judicial custody in the States of Assam, Maharashtra,
Orissa, Punjab, Tamilnadu and Chattisgarh but an increase in such deaths in the States of
Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Madhya Pradesh, Uttar Pradesh, West
Bengal, Delhi and Jharkhand.
3.29 The State-wise position indicating the number of custodial deaths reported to the
Commission in 2004-2005 may be seen in ‘Annexure-1’.
3.30 During the year, the Commission considered and disposed of 117 cases relating to death
in police custody and 748 cases relating to death in judicial custody. Moreover, show cause
notices were issued in 22 cases of death in police custody and 14 cases of death in judicial
custody. The Commission considered it essential to recommend the payment of interim relief
under section 18 (3) of the Protection of Human Rights Act, 1993 in respect of 14 cases of
custodial death including 9 cases of deaths in police custody and 5 cases of deaths in judicial
custody, awarding an amount of Rupees Twelve lakhs, on account of proven violation of
human rights in custody that is either custodial violence or medical negligence or foul
play etc.
C] Encounter Deaths
3.31 In the light of the revised guidelines issued by the Commission on 2nd December, 2003,
122 intimations were received from the various State Governments about killings in encounters
during the year 2004-2005. These included 66 such intimations from the State of Uttar Pradesh,
18 intimations from Andhra Pradesh, 9 from Delhi and 5 each from Maharashtra and Madhya
Pradesh. Separately, the Commission also received 84 complaints about alleged killings in fake
encounters. In all these cases, the Commission sought reports through adoption of the procedure
prescribed under the guidelines in carrying out investigation of these encounter killings for
National Human Rights Commission Annual Report - 2004-2005
AR-Chapter-1-19-10-6-06.p65
35
15
7/17/06, 6:29 PM