Annual Report 2010-2011
asked the Government of Uttar Pradesh to show-cause whether any monetary relief should be
granted to the next of kin of the deceased. As no reply was received from the Government of
Uttar Pradesh, the Commission vide its proceedings dated 26 August 2010 recommended that
a sum of Rs. 5,00,000 be paid to the next of kin of the deceased.
4.58 The Commission is monitoring the case as the proof of payment has so far not been
received from the Government of Uttar Pradesh.
13.
Death of Aslam Kamruddin Shaikh in Otur Police Station in Pune District, Maharashtra
(Case No.1122/13/2005-2006-CD)
4.59 The Commission received intimation from the Superintendent of Police, Pune Rural
about the death of Aslam Kamruddin Shaikh, aged 31 years on 24 December 2005. As per the
intimation, the deceased was a resident of Pune and was brought to the Otur Police Station on
24 December 2005 at 3.00 a.m. on suspicion of theft of a motorcycle. However, he committed
suicide at about 9.30 a.m. in the room of the police station itself by tying the border of a blanket
to his neck.
4.60 Taking cognizance of the matter, the Commission directed its Director General
(Investigation) to collect the requisite reports in the matter. The inquest report revealed that
there was a white mark around the neck of the deceased along with a bruise on the right side of
the neck. The shoulders of the deceased had reddish marks. The post-mortem report mentioned
13 ante-mortem injuries of abrasions and contusions on the body of the deceased. The cause of
death was stated to be due to asphyxia as a result of constriction of the neck. Evidences of blunt
injuries were also mentioned in the post-mortem report. However, no poison was found in the
viscera report. The State CB-CID on conclusion of the investigations in the matter opined that
the police personnel were guilty of unlawful detention as they wanted the deceased to confess
that he had stolen the motorcycle. Head Constable Lohkare used criminal force against the
deceased Aslam Kamruddin Shaikh. Another Head Constable Chive and Head Constable
Pokharkar not only detained the deceased but also tortured him and did not make any entry
in the General Diary of the Police Station nor informed the concerned Magistrate about the
theft. It was found that Head Constable Pokharkar, being a public servant, disobeyed the law
of the land and kept five stolen motorcycles in the Police Station without making relevant
entries in the General Diary. The State CB-CID registered a criminal case u/s 302 IPC against
the three errant police officials. The accused were arrested and afterwards charge-sheeted.
Later, the Sessions Court discharged all the three guilty police personnel on the ground that
prior sanction u/s 197 Cr.P.C. was not taken in the given case for prosecution of the police
personnel.
4.61 The Commission held that the investigations conducted by the State CB-CID had
clearly disclosed that the deceased died on account of homicidal death in the police custody
and therefore the State was liable to compensate the family of the deceased. A show-cause
notice was accordingly issued to the Government of Maharashtra calling for response as to
why monetary relief should not be granted to the next of kin of the deceased. As no response
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NHRC