National Human Right Commission
blood was coming out from the mouth and shoulder of the deceased. Besides,
there were scratches on the right hand. In the post mortem examination, there
were external injuries over the nose, lips and forehead. The cause of death as
opined by the Doctors was due to shock and hemorrhage of “head injury”. The
Judicial Magistrate, First Class, Siwan, Bihar who conducted the Magisterial
Enquiry found that the deceased undertrial Ram Avatar Baitha died due to
head injury caused by falling on the ground on 19 May 2012. On falling down,
he was breathing and throwing his legs here and there, indicating that he was
alive after the fall. The Doctor as well the Compounder of Siwan Jail Hospital
admitted that they were not present in the prison at the time of the incident.
The Magistrate concluded that that there appeared to be negligence on the
part of medical staff of the jail hospital. It was the duty of the jail authorities to
ensure medical facilities for the inmates round the clock.
4.10 On perusal of the reports available on record, the Commission noted that
in the Magisterial Enquiry Report (MER), the Magistrate found the jail authorities
liable for the delay in providing first aid. This clearly indicated that it is a case
of violation of human rights of the deceased. Accordingly, the Commission on
1 April 2015 recommended under Section 18(a)(i) of the Protection of Human
Rights Act, 1993, a sum of Rs. 1,00,000/- (Rupees One Lakh only) to be paid
to the next-of-kin of the deceased as compensation. The compliance report is
awaited.
2.
Death of Undertrial in Central Jail, Tihar, New Delhi
(Case No.764/30/9/2012-JCD)
4.11 The Superintendent, Central Jail, Tihar, New Delhi informed the
Commission on 31 January 2012 that an undertrial Naim alias Nadeem aged
about 25, who was admitted to Tihar jail on 28 January 2012 in a Case FIR No.
185/2011 under Section 307 and 506 of IPC pertaining to Police Station Sabji
Mandi, Delhi, was found dead. According to the communication at the time of
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Annual Report - 2015-2016