Annual Report 2008-2009 withdrawal symptoms and became restless. In order to provide relief to the undertrial prisoner, the prison officials used force to manage him so that an injection could be given. In the ensuing melee, Radha Krishnan’s ribs were fractured and he died. 4.18 The NHRC observed that the prison officials may have found it necessary to use force to administer some injection to the prisoner but there could be no justification for them to behave in a cruel manner that led to his death. The undertrial prisoner should have been handled with reasonable care. A compensation of Rs. 2, 00,000 was thus recommended by the NHRC for payment to the next of kin of the deceased. 3. Death of Undertrial Prisoner Takala in District Jail, Balasore, Orissa (Case No. 494/18/1/2007-2008-CD) 4.19 An undertrial prisoner named Takala was lodged in District Jail, Balasore in Orissa. He was an alcoholic. On account of withdrawal symptoms, he behaved in an unruly manner in the jail on 27 August 2007. On seeing the rowdy behaviour of the undertrial prisoner, the Warden on duty tied his hands at the back and made him stand for three hours. Takala could not bear the strain and collapsed. 4.20 On being informed of his death, the Commission called for requisite reports from the State Government. The State Government defended the action of the Warden and pleaded that he had acted in good faith to bring the unmanageable prisoner under control. The plea of the State Government was rejected on the grounds that there were better and civilized ways to deal with the prisoner. For example, a doctor could have been called and the undertrial prisoner could have been given a sedative. The Commission felt that it was utterly inhumane on the part of the Warden to tie the hands of the prisoner behind his back and make him stand for more than three hours. The fatigue and pain caused by standing out for more than three hours perhaps may have triggered the heart attack and also caused the death of the undertrial prisoner. The Commission recommended that a monetary compensation of Rs. 1,00,000 be paid to the next of kin of the deceased. 4.21 The compliance report and proof of payment has since been received. The case has been closed by the Commission. 4. Death of Juvenile in Government Observation Home in Rudrapur, Uttarakhand (Case No.43/35/12/2007-2008-CD) 4.22 Mool Chand, a juvenile was sent to an Observation Home run by the State Government in Rudrapur, District Udham Singh Nagar, Uttarakhand. There he committed suicide by hanging himself from the ceiling fan. On consideration of the facts on record, the Commission observed that the watch and ward staff of the Observation Home were careless and not vigilant. For negligence on part of the guard on duty, the NHRC recommended that the State Government should pay Rs. 1,00,000 as monetary relief to the next of kin of the deceased. 30

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