Annual Report 2009-2010
Surendra Kumar Paswan who had died on 25 September 2005. He was lodged in Beur Central
Jail in Patna on 24 September 2005. Pursuant to the directions given by the Commission on 13
October 2005, the NHRC Director General (Investigation) called for all the relevant reports
from the Government of Bihar for examination.
4.13 As per the postmortem report, 12 antemortem injuries were found on the body of the
deceased and the Autopsy Surgeon stated that the cause of death was “haemorrhage and shock
due to combined effect of the 12 antemortem injuries which were sufficient to cause death”.
4.14 The Magistrate, in his inquiry, found the death of the deceased undertrial prisoner as
‘unnatural’ while examining the facts and circumstances of the case. During the course of the
inquiry, the relatives of the deceased stated that Surendra Kumar Paswan was picked-up by
one Police Officer Abhaynarayan Singh of Gardani Bagh Police Station on 22 September 2005
at 8:00 a.m. while the FIR bearing No. GBH-731/05 under section 272/273 of the Indian Penal
Code (IPC) and Section 47 (A) of the Excise Act was registered only on 24 September 2005.
4.15 Upon consideration of the reports, the Commission vide its proceedings dated 26
December 2008, prima facie found it to be a case of death in custody due to torture and issued a
notice u/s 18 (a) (i) of the PHRA to the Government of Bihar to show-cause as to why suitable
monetary relief should not be paid to the next of kin of the deceased. It further directed the Chief
Secretary of the State to register a criminal case in respect of the custodial death in question
and get the same investigated by the CB-CID of the State.
4.16 Since the State Government failed to submit any response to the show-cause notice
even a�er reminders, the Commission presumed that the Government of Bihar had nothing
to say against the show-cause notice. Keeping in view the facts and circumstances of the case,
the Commission vide its proceedings dated 16 July 2009 recommended to the Chief Secretary,
Government of Bihar to pay a compensation of Rs.3,00,000/- to the next of kin of the deceased. It
also directed the Chief Secretary to submit the compliance report along with proof of payment
and inform whether as per its directions a criminal case in respect of the custodial death of the
undertrial prisoner had been registered.
4.17
2.
The compliance report is awaited on the part of the State Government.
Death of Undertrial Prisoner Babu Lal due to Assault in Indore Central Jail, Madhya Pradesh
(Case No. 2193/12/2006-2007)
4.18 The NHRC took cognizance of the ma�er from the Superintendent of Indore Central
Jail in Madhya Pradesh regarding the death of an undertrial prisoner, Babu Lal, aged 26 years
on 7 March 2007 while undergoing treatment in a hospital. The reports received from the State
authorities, however, revealed that Babu Lal was beaten by fellow-prisoners in the presence
of prison personnel and that he had sustained seven antemortem injuries. The postmortem
report indicated the cause of death on account of cardio-respiratory failure. In addition, it came
to light that the deceased was suffering from chronic lung disease. An opinion of a Forensic
Expert on the panel of the NHRC was consequently taken in the ma�er to ascertain the exact
cause of the death of the undertrial prisoner.
NHRC
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