Annual Report - National Human Rights Commission

Complaints Before the Commission
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beating of the under trial while in custody of the police. The Commission, therefore, directed the
issuance of notice to the Chief Secretary, State Government of U.P. to show-cause why “immediate
interim relief” of Rupees One lakh u/s 18(3) of the Protection of Human Rights Act, 1993 not be
given to the next of kin of the deceased. However, since no response was received from Chief
Secretary to the show cause notice, on further consideration of the matter, the Commission on 21
April 2004, directed the State Government of U.P. to pay an interim relief of Rs. 1 lakh to the
next of kin of the deceased. The Commission also observed that death in police custody is one of
the worst kind of crimes in a civilized society governed by the rule of law and poses a serious
threat to an orderly civilized society. Torture in custody flouts the basic rights of the citizens and
is an affront to human dignity. Police excesses and torture in custody of the detainees/ under trial
prisoners or suspects tarnishes the image of a civilized nation and it is necessary to take stern
measures to check the malady. The National Police Commission in its 4th Report of June 1980,
almost a quarter of a century ago, noticed the prevalence of custodial torture and observed that
nothing is “so dehumanizing” as the conduct of police in practicing torture of any kind on the
person in their custody.
4.24 The National Human Rights Commission having been constituted under the 1993 Act
for better protection of human rights and civil liberties of the citizen has not only the jurisdiction
but also an obligation to grant relief in appropriate cases to the victims or the heirs of the
victims whose right to life under Article 21 of the Constitution has been flagrantly infringed
by the State functionaries by calling upon the State to repair the damage done by its officers to
the human rights of the citizen. The State, in all such cases, is vicariously liable for the wrongful
acts of its officers. When the State is called upon to grant monetary relief to the next of kin of
the deceased or the victims of torture as the case may be, by the Commission it is because the
doctrine of strict liability of duty of care on the part of the State is attracted to such cases. It is
reiterated that the State is vicariously responsible, if the person in the custody of the police is
deprived of his life except according to the procedure established by law, to recompense the
heirs of the victims.
4.25 The Government of Uttar Pradesh submitted its compliance report in respect of the payment
of Rupees One lakh to the next of kin of the deceased.
2. Death of Sh. Kantosh Prahlad Jadhav, in Police Custody by torture: Latur,
Maharashtra - (Case No. 5418/95-96/NHRC)
4.26 The Commission received an intimation dated 28.10.1995 from the District Superintendent
of Police (DISPOL), Latur, Maharashtra stating that one Kantosh Prahlad Jadhav aged 22 years
was arrested on 28.10.1995 in PS MIDC, Latur Cr. No. 93/95 u/s 324,504 IPC & 135 Bombay
Police Act. He had further stated that the accused, while in custody, committed suicide by hanging
himself to the iron rod of the ventilator of the police lock up with the help of torn part of ghangadi
(blanket) provided to him.
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