Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
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Complaints Before the <strong>Commission</strong><br />
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4.46 In response to the show cause notice, the Railway Board, inter alia, contended that the<br />
claimant or his unauthorized agent should have moved the Railways Claims Tribunal for seeking<br />
compensation on account of unfortunate death of Shri Bajrang Lal. While rejecting the aforesaid<br />
plea and recommending interim relief the <strong>Commission</strong> held that the interim relief envisaged u/s<br />
18(3) of the Protection of <strong>Human</strong> <strong>Rights</strong> Act. 1993 is independent of the right of the victim or<br />
his next of kin to claim compensation under Civil/Law of Torts or any other forum. The<br />
recommendation of the <strong>Commission</strong> would not in any way affect the right of the claimant to<br />
seek compensation by filing a claim before Railways Claims Tribunal. The <strong>Commission</strong><br />
accordingly, recommended for payment of Rs. 1 lakh as interim relief u/s 18 (3) of the Act, to the<br />
mother of the deceased Smt. Kalabati, by the Railways.<br />
4.47 Pursuant to the <strong>Commission</strong>’s directions, the Director, Traffic Commercial Claims, Railway<br />
Board, Ministry of Railways vide letter dated 1.7.2004 intimated that a compensation of<br />
Rs. 1 lakh has been paid as interim relief to Smt. Kalabati, the mother of the deceased.<br />
4.48 Accordingly, vide proceedings dated 15.9.2004 the report was taken on record and the<br />
case was closed.<br />
6. Death of Bhaiya Lall in Judicial Custody in Uttar Pradesh - Case No. 9161/24/98-99-<br />
CD<br />
4.49 The <strong>Commission</strong> received an intimation dated 25/8/98 from the office of the DG (Prisons),<br />
UP, Lucknow about the death of undertrial prisoner Bhaiya Lal S/o Dhanraj Yadav while<br />
undergoing treatment at Swaroop Rani Hospital on 1/8/98.<br />
4.50 In response to the notice issued to the Home Secretary, Government of UP, a magisterial<br />
inquiry report was received which indicated that the victim was subjected to custodial violence.<br />
There was evidence of custodial violence as well as negligence in providing treatment to Shri<br />
Bhaiya Lal which resulted in his death. The cause of death disclosed was heavy bleeding from<br />
the anus.<br />
4.51 Upon consideration of the report, the <strong>Commission</strong> held that there was violation of human<br />
rights of Bhaiya Lal while in the custody of police and jail authorities. The <strong>Commission</strong>,<br />
accordingly, directed to issue notice to Chief Secretary, Government of UP to show cause as to<br />
why immediate interim relief u/s 18 (3) not be granted to the next of kin and also recommended<br />
action against errant officials.<br />
4.52 As no response was received from the Government of UP to the show cause notice, the<br />
<strong>Commission</strong> recommended an interim compensation of Rs. 1 lakh to the next of kin of the<br />
deceased. Compliance report called for in respect of payment of interim relief as well as the<br />
status of action taken against the errant public servant is still awaited.<br />
<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />
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