rediff.com: Custodial death of an undertrial

NHRC asks UP to pay Rs 500,000 to victim of police negligence The National Human Rights Commission has directed the Uttar Pradesh government to pay Rs 500,000 as immediate interim compensation to the next of kin of an undertrial who died due to police negligence.

It also recommended the initiation of appropriate disciplinary action against those responsible for the incident and suitable action in accordance with the law.

According to a magisterial report received by the Commission, the victim, Rajan Singh, had been detained in the district jail in Agra. He died attempting to escape from a police truck while being taken to court along with 13 other undertrials.

The post-mortem report stated that death had occurred due to shock and haemorrhage caused by ante-mortem injuries.

According to the magisterial report, Rajan Singh had consumed liquor supplied by police personnel while in custody and, later, picked up a fight with them under the influence of liquor.

It held the police personnel guilty providing inadequate and unsatisfactory escort facilities to the prisoner.

The Commission was of the view that the theory of an attempted escape from custody was a 'make-believe' one. "The injuries supposedly caused by jumping from a moving vehicle could not be as serious and extensive as to have caused death, particularly when there was no mention of him being prevented by anyone from doing so."

"Further, the half-hearted magisterial inquiry, which concluded that Rajan Singh had been administered liquor while in custody, pointed to the fact that he could have been subjected to severe beating in the police vehicle," NHRC said.

Accordingly, the Commission directed the state to pay an interim compensation of Rs 500,000 to the next of kin of the deceased immediately.

It was also reported that another undertrial, Sanjay Tiwari, who was also travelling in the same truck had jumped out and escaped, NHRC sources said.

The Commission doubted this and expressed suspicion that he 'had been done to death and his body disposed off'. It directed the government to entrust the two cases to the state crime branch of the Crime Investigation Department for an in-depth investigation and action thereon.


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Custodial death: UP told to pay Rs 500,000