NHRC, India
that initially the jail authority refused to get him admitted, as he was injured. After that he
was taken to the Sadar Hospital for examination by the police. Thereafter, he was admitted
into the jail and his health screening was done at the Jail Hospital. He was admitted in the
Jail Hospital for treatment. The younger brother of the deceased was also examined by the
Enquiry Magistrate. The brother of the deceased did not cast any doubt over the death of his
brother. After going through the record and testimonies, the enquiry officer has concluded
as follows:
a)
Prima facie the death of the deceased Dheeraj Kumar occurred due to Cardio-respiratory
failure (as reflected from the PMR).
b)
Actual cause of death in the absence of any suspicious circumstances is severe injuries
caused to Dheeraj Kumar. He succumbed to these injuries.
c)
These injuries were sustained by the deceased due to torture and assault by the police,
while he was in their custody. Further, there had been lack of proper medical care
resulting in his death.
d)
The action of the police and mode of operation during the whole process is found
doubtful. Particularly, the involvement of the then SHO of Pipra Kothi and investigating
officer of Pipra Kothi Case Crime No. 201/17 cannot be ruled out.
e)
The report of the medical examination of the doctor at Sadar Hospital is also doubtful
and negligence on his part against his duty is not ignorable.
iii.
From the reports submitted by the State authorities, the Commission observed a case of
serious violation of the human rights of the deceased, who was in the care and custody of
the State whose role was to ensure the safety of the prisoner. Given the above circumstances,
the Commission vide proceedings dated 24.05.2021 issued a Show Cause Notice to the State
through its Chief Secretary as to why monetary compensation of Rs.3,00,000/- should not be
recommended to be paid to the next of kin of the deceased.
iv.
Pursuant to the directions of the Commission, a letter dated 12.02.2022 received from
Inspector General Prisons, Bihar, revealed that monetary relief was paid to the next of kin,
and hence the case was closed by the Commission on 17.02.2022.
Death due to Police Firing
7.
Death in police firing at the Dherowal checkpoint in PS Nalagarh, Baddi, Himachal Pradesh.
(Case Number: 131/8/11/2017)
i.
The Commission received an intimation dated 03.09.2017 from the SP Baddi, Himachal
Pradesh, regarding the death of one Kamal Kant, @Sagar, s/o Mitar Dev, in police action at
the check post of Dherowal, PS Nalagarh, Baddi, HP, on 02.09.2017. An FIR was registered
at PS Nalagarh.
ii.
Vide proceedings dated 20.09.2017, the Commission took cognizance ofthe matter. The
ANNUAL REPORT
57
2021-22