NATIONAL HUMAN RIGHTS COMMISSION, INDIA
especially for the positions of warders and staff nurses. Of the total sanctioned positions, 30
percent remain vacant which were recommended to be filled up on a priority basis. Compliance
with BPRD norms in payment of wages for the work done by inmates was also recommended.
4.39 Special Rapporteur, Central Zone visited Nashik Road Central Jail, Maharashtra. The jail
infrastructure was found to be in a poor state and construction of new premises away from the
core areas of the city was recommended. It was found that the amendment of Maharashtra
prison rules had made furlough very difficult for the inmates. And the visits were restricted only
to immediate blood relatives and that too after police verification which seemed very harsh.
The Special Rapporteur suggested that the concerned administrative wing of the Commission
must ensure that the magisterial inquiry report regarding custodial deaths in the jail premises
be filed positively within 30 days after the unnatural death. Importantly, an effort may be made
towards ensuring uniformity in prison rules across the country under the guidance of MHA and
the Commission, so that differences in State Sentence Review Boards, treatment of prisoners
regarding parole, furlough and visitation rights are not at great variance across the states.
H.
Illustrative Cases in the year 2019-20
a)
Custodial Deaths
1.
Death of a prisoner, Gurmeet Singh aged 27 years, who was found hanging in the Central
Jail, Ferozepur, Punjab
(Case No. 541/19/5/2016-JCD)
50
i.
This case relates to the custodial death of a convict, Gurmeet Singh son of Jagdish Singh
(27 years of age) on 22.5.2016 when he was found hanging inside the de-addiction ward
of the Central Jail, Ferozepur, Punjab.
ii.
Taking cognizance in the matter the Commission obtained reports like inquest report,
post mortem report, magisterial enquiry report etc. from the authorities concerned. On
analysis of the reports, the Commission observed that the deceased convict, admittedly,
was a known case of drug abuse. The Jail authorities had shifted him to the de-addiction
ward on 20.5.2016 but the convict prisoner was not watched properly in the de-addiction
ward. Despite the fact that the deceased was suffering from depression, as observed by
the Magistrate in Magisterial Inquiry Report (MER), yet the jail authorities were not vigilant
and careful in respect of the prisoner’s nature. The lapses on the part of the Jail authorities
led to an opportunity for the deceased to hang himself inside the Jail and consequent
death. By applying principle of vicarious liability, show cause notice was served upon Chief
Secretary Government of Punjab, as to why the monetary compensation of Rs. 2,00,000/(Rupees Two Lakh Only) should not be recommended under Section 18(a) of the PHRA,
1993 to be paid to the next-of-kin (NoK) of the deceased convict prisoner Gurmeet Singh.
The said recommendation was complied with by the State Government by paying the
same to the mother of the deceased.
ANNUAL REPORT 2019-20