3.24 While the State Governments have undoubtedly grown more sensitive )o the
Commission's instructions that custodial deaths must not only be reported but
thoroughly investigated, the Commission has felt it to ba necessary, in 23 cases of
custodial death in 1806-97, to instruct its own Investigation Division to look into the facts
smunding the deaths. In 14 of these cases, the pollce a d jail staff concerned were
held to be mrponaible for the deaths. In each of t t m e cases, prosecution was
recommended. In two cases, in addifion, compensation of Rs.1 l a b each was
recommended for payment to the next of kin of those who died. The Commission will
pursue matters to their logical conclusion in respect of each of them cases. Them
can be no let-up in such instances as they bring tragedy to human beings and disgrace
to tbe law and order apparatus of our country.
3.27 Nor can the Commission countenance or condone any death, rape or torture
m r r i n g when a w
o
n is arrested by the armed f o m s in situations when the latter
are called upon to act in aid of civil power. Under the relevant prwisjons of law, any
person-so arrested must be made over to the officer in charge of the nearest police
statbn with the least possible delay, together with a report of the circumstances
m i o n i n g ?he amst, The Courts of thk country have interpreted this to mean that
the atrested person must normally be made over to civilan authorities within twenty
four hours of arrest. The Commission is deeply mncamed that there have been
allegations of needless delay in this regard and that complaints have also been received
by the Commission alleging death and rape of persons while in thm custody of the
armed forces. The Commission has taken up these matters with the competent
authorities. It strongly recommends that the para-military forces and the army also
mabm it a point to report directly to the Commission any instance of death or rape
occrrring while a person is in their custody. Failure to do so in timely manner would,
as In the case of deaths and rape in police or judicial custody, lead to an adverse
inference being drawn by the Commission that an effort was being made to
suppress the truth.
3.28 The Commksion has p m m d wlth vigour its recommendation that the country
accede to the 1884 Convention a g a k t Torture and'Othsr Forms of Cruel, Inhuman
and DegradingTreatment or Punishment. The matter was first taken up in a letter from
the Chairperson of the Comrnlmion to the Prime Minister on 9 December 1994. A reply
was received dated 16 December 1994 atating that the Prime Minister shared the
M i of ths Commission. A further latter was sent by the Chairperson to the Prime
Minister on 25 January 1895 8tressing the urgency of the matter, in the light d the
numrous complaint8 received by the Commission alleging brutality in custody.