Annual Report 2010-2011
4.208 In one of the incidents, Abdul Rehman Dar, a tailor by profession, died in cross-fire
between the militants and the security forces. A show-cause notice was issued to the Secretary,
Ministry of Defence, Government of India. The Ministry of Defence took the stand that the Army
cannot be blamed for the death of Abdul Rehman Dar as he was caught in a cross fire between
the militants and the Army, who were on a legitimate counter insurgency operation. However,
the Ministry agreed on humanitarian grounds “to the award of reasonable compensation to
the next of kin of the deceased”. Keeping in view the stand taken by the Ministry of Defence,
the Commission recommended to the Secretary, Ministry of Defence, Government of India to
pay a compensation of Rs. 3, 00,000 to the next of kin of the deceased Abdul Rehman Dar. The
compliance report along with the proof of payment is awaited in the case.
4.209 Reports are also awaited in respect of three incidents related to the Ministry of Home
Affairs, Government of India, New Delhi.
C.
Conditions in Prisons
a)
Visits to Jails
4.210 As per the PHRA, one of the functions of the Commission is to visit jails and other
institutions under the control of the State Governments where persons are detained or lodged
for purposes of treatment, reformation or protection, so as to assess the living conditions
prevalent therein and make recommendations thereon to the Government.
4.211 Accordingly, during the year 2010-2011, a Member and two Special Rapporteurs of the
Commission visited seven jails located in Barabanki, Lucknow and Faizabad in Uttar Pradesh;
Bhubaneswar in Odisha; Shimla in Himachal Pradesh and Midnapore in West Bengal. The main
purpose of these visits was to oversee the functioning of these institutions as well as study the
human rights situation of the inmates there. Besides, the officers of the Investigation Division
visited Naini Jail in Allahabad (U.P.); Dasna Jail in Ghaziabad (U.P.); Central Jail in Indore (M.P.);
Central Jail in Gwalior (M.P.); District Jail in Dehradun (Uttarakhand); Koramangala Open Air
Jail in Banagalore (Karnataka); Birsa Munda Central Jail in Ranchi; Central Jail in Jharkhand;
Trishur Jail in Kerala; Beur Jail in Patna (Bihar); Dist Jail Jharpada in Bhubaneswar (Odisha);
Central Jail in Gurgaon (Haryana) and Central Jail in Madurai (Tamil Nadu). The officers of
the Investigation Division also visited the Observation Home for Boys-II in Kingsway Camp,
Delhi; and Special Home for Boys-1 in Majnu Ka Tila, Delhi.
b)
Analysis of Prison Population
4.212 The NHRC compiles and analyzes statistics on prison population in the country to
ascertain the actual position of overcrowding in the prisons and accordingly suggests measures
for its decongestion. This is carried out by obtaining data from the Prison Headquarters of
each State/Union Territory in a prescribed format every six months. During the period under
review, it compiled and analysed, the prison statistics based on the information received up to
30 June 2009.
NHRC
57