Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ beating of the under trial while in custody of the police. The Commission, therefore, directed the issuance of notice to the Chief Secretary, State Government of U.P. to show-cause why “immediate interim relief” of Rupees One lakh u/s 18(3) of the Protection of Human Rights Act, 1993 not be given to the next of kin of the deceased. However, since no response was received from Chief Secretary to the show cause notice, on further consideration of the matter, the Commission on 21 April 2004, directed the State Government of U.P. to pay an interim relief of Rs. 1 lakh to the next of kin of the deceased. The Commission also observed that death in police custody is one of the worst kind of crimes in a civilized society governed by the rule of law and poses a serious threat to an orderly civilized society. Torture in custody flouts the basic rights of the citizens and is an affront to human dignity. Police excesses and torture in custody of the detainees/ under trial prisoners or suspects tarnishes the image of a civilized nation and it is necessary to take stern measures to check the malady. The National Police Commission in its 4th Report of June 1980, almost a quarter of a century ago, noticed the prevalence of custodial torture and observed that nothing is “so dehumanizing” as the conduct of police in practicing torture of any kind on the person in their custody. 4.24 The National Human Rights Commission having been constituted under the 1993 Act for better protection of human rights and civil liberties of the citizen has not only the jurisdiction but also an obligation to grant relief in appropriate cases to the victims or the heirs of the victims whose right to life under Article 21 of the Constitution has been flagrantly infringed by the State functionaries by calling upon the State to repair the damage done by its officers to the human rights of the citizen. The State, in all such cases, is vicariously liable for the wrongful acts of its officers. When the State is called upon to grant monetary relief to the next of kin of the deceased or the victims of torture as the case may be, by the Commission it is because the doctrine of strict liability of duty of care on the part of the State is attracted to such cases. It is reiterated that the State is vicariously responsible, if the person in the custody of the police is deprived of his life except according to the procedure established by law, to recompense the heirs of the victims. 4.25 The Government of Uttar Pradesh submitted its compliance report in respect of the payment of Rupees One lakh to the next of kin of the deceased. 2. Death of Sh. Kantosh Prahlad Jadhav, in Police Custody by torture: Latur, Maharashtra - (Case No. 5418/95-96/NHRC) 4.26 The Commission received an intimation dated 28.10.1995 from the District Superintendent of Police (DISPOL), Latur, Maharashtra stating that one Kantosh Prahlad Jadhav aged 22 years was arrested on 28.10.1995 in PS MIDC, Latur Cr. No. 93/95 u/s 324,504 IPC & 135 Bombay Police Act. He had further stated that the accused, while in custody, committed suicide by hanging himself to the iron rod of the ventilator of the police lock up with the help of torn part of ghangadi (blanket) provided to him. 28 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 48 7/17/06, 6:29 PM