Annual Report - National Human Rights Commission

Complaints Before the Commission
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4.27 In response to the Commission’s notice dated 3.11.1995, the inquest report received
showed no signs of beating either on the front side or back side of the body. The report
further stated that post-mortem report indicated no external or internal injuries on the body
of the deceased and the cause of death was opined as “asphyxia due to hanging”. The SDM
in his enquiry report concluded that on the basis of statements of witnesses and on examination
of the post-mortem report, the death of the Kantosh was due to suicide committed
by him by hanging. However, he observed that there were other factors also such as,
negligence and lack of responsibility on the part of police officials, which resulted in
the incident.
4.28 The Government of Maharastra submitted an Action Taken Report on the magisterial
enquiry, which indicated that the accused police officials were placed under suspension and
departmental enquiry had been initiated against the delinquent officials.
4.29 The Commission vide its proceedings dated 2.8.2004, while considering the Magisterial
Enquiry Report and the departmental action taken against the police officials, directed Chief
Secretary, Government of Maharashtra to show cause why interim relief should not be paid to
the next of kin of the deceased.
4.30 In response, the Home Department, Government of Maharashtra vide communication
dated 7.10.2004 informed the Commission that the State Government has decided to grant relief
of Rs. 50,000/- to the next of kin of the deceased, Kantosh Prahlad Jadhav and after obtaining
approval of the Commission, further action for disbursement of relief will be taken.
4.31 The Commission vide its proceedings dated 20.10.2004 considered the case and approved
the grant of Rs. 50,000/- as “interim relief” to be paid to the next of kin of the deceased Kantosh
Prahalad Jadhav. Compliance report from the Government of Maharastra is still awaited.
3. Custodial death of Haji Mohd. Nabuji Tentwala in Police Custody in Ahmedabad,
Gujarat - Case No.7586/95-96/NHRC
4.32 The Commission on 19.1.1996 received an intimation dated 18.1.1996 from the
Commissioner of Police, Ahmedabad City, Gujarat regarding death of Haji Mohd. Nabuji
Tentwala in police custody on 12.7.1995. It was stated that he was arrested in connection with
Cr.Case No.106/95 u/s 302/342/34 IPC and S. 135 B.P.Act. by the police who tied him with
rope, beat him with sticks, fists and kicks to death. The report further indicated that two of the
accused police persons namely PSI J.V.Surela & PC Bharatkumar were arrested and bailed out
on 31.10.1995 and 2.1.1996 respectively.
4.33 In response to the notice issued by the Commission, the Commissioner of Police,
Ahmedabad City submitted the post-mortem, inquest and magisterial inquiry reports. As per the
National Human Rights Commission Annual Report - 2004-2005
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