NATIONAL HUMAN RIGHTS COMMISSION, INDIA
but the police took him to police station. If the police acted promptly and [had] taken him to
hospital first, his life could have been saved[.],
In the light of above discussions, the Commission doubts about the police story of the
incident regarding the circumstances of death of the deceased and providing timely medical
care to the deceased by the police to save his life. A notice u/s 18 of the Protection of Human
Rights Act, 1993 be issued to the Government of Kerala requiring it to show cause as to why
an amount of Rs.Five Lakhs be not recommended to be paid to the NoK of the deceased Bind.
Chief Secretary, Govt. of Kerala shall respond to the show cause notice within eight weeks.”
vii.
In response to the show cause notice, the Government of Kerala informed that there was
no negligence or delay on the part of the local police in giving proper medical care to the
deceased and there was no lapse or harassment on the part of the Police. Therefore, the
Kerala Government was not in a position to grant any compensation to the dependent of
the deceased Mekku Binu.
viii. After considering the contention of the Government of Kerala, the special circumstances
and the nature of negligence by the police in not providing timely medical treatment
resulting in loss of life, the Commission vide proceedings dated 25.04.2019 recommended
to the Government of Kerala to pay a monetary compensation of an amount of Rs.
3,00,000/- (Rupees Three Lakhs Only), instead of Rs. 5,00,000/- (Rs. Five Lakhs Only) as
proposed earlier, to the NoK of the deceased Binu (Mekku Binu).
ix.
4.
Additional to the Chief Secretary, Government of Kerala vide communication dated
18.08.2019 has conveyed the sanction accorded by the State Govt. for payment of
monetary compensation of an amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) to the
NoK of the deceased Binu (Mekku Binu). The proof of payment is still awaited.
Death of Bhaskar S/O Shri Virender Singh Gosai and Sachin S/o Om Praksh in the custody
of police of PS, Fakurpur, Distt. Yamunanagar, Haryana
(Case No. 618/7/20/2012)
i.
In the present case, the Commission has received a complaint from Shri Virender Singh
Gosai, R/o House No.1185, Bank Colony, Yamunanagar, Haryana alleging that his son
Bhaskar and Sachin son of Om Praksh were picked up from their homes by the police
and later on their dead bodies were found at the railway track. Taking cognizance in the
matter, the Commission called for an action taken report from the Director General of
Police, State of Haryana. In response, a report was submitted by the Superintendent of
Police (SP) Yamuna Nagar stating therein that Bhaskar and Sachin were in police custody
and they were allegedly sent for medical treatment to the hospital.
ii.
The Commission had observed from the report that Sub-Inspector (SI) Joginder Singh and
the in-charge of the Police Station, Fakurpur had not made any entry about the formal
arrest in the police record. They were illegally detained by the police and thereafter they
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