Annual Report - National Human Rights Commission

Complaints Before the Commission
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
8. Death of Smt. Basanti Devi in judicial custody in Bihar [Case No2435/4/2001-
2002-CD]
4.59 The Commission received an intimation dated 27/10/2001 from the Superintendent District
Prison, Purnia, Bihar about the death of Smt. Basanti Devi, an undertrial prisoner, during treatment
in Sadar Hospital, Purnia on 26/10/2001.
4.60 In response to the notice issued to the Home Secretary, Government of Bihar, a magisterial
inquiry report was received which indicated that Smt. Basanti Devi was arrested by officials of
Excise Department on 26/9/2001 and was brutally thrashed. She was produced before the
Magistrate after two days, treated in jail and died on 26/10/2001 during treatment in Sadar
Hospital. The post-mortem report indicted the cause of death as septicemia which was due to
injuries inflicted by the officials of the Excise Department.
4.61 Upon consideration of the report, the Commission held that there was violation of human
rights of the deceased not only by the officials of Excise Department but also by the jail staff
who were negligent in performance of their duties as no timely medical treatment was given to
her. In response to the show cause notice issued u/s 18 (3) of the Protection of Human Rights
Act, 1993, the State Government of Bihar informed the Commission that sanction had been
issued for providing ex-gratia relief of Rs. 1 lakh to the next of kin of the deceased. Subsequently,
proof of payment to the next of kin (two minor children) of the deceased was also received. In
view of the above report, the case was closed.
9. Death of Shri Chander Prakash in Judicial Custody in Uttar Pradesh-Case No. -
5237/24/2000-2001-CD
4.62 The Commission received an intimation from the Superitendents District Jail Bareilly
about death of Shri Chander Prakash aged 25 years in District Jail Bareilly. A news item was
also published in the Daily Telegraph dated 30/5/2000 stating that prisoner was allegedly beaten
to death in the district jail and a complaint was also received from Smt. Ram Piari, mother of
the deceased.
4.63 In response to the notice issued to the Home Secretary, Government of UP, a report
received from the DGP, Prisons indicated that magisterial inquiry into the matter found that
the deceased was taken to the jail on 23/5/2000 and at that time he had no injury. He was
brutally beaten by jail warden in the presence of jail authorities and shifted to District Hospital
on 27/5/2005 where he succumbed to his injuries. The report further mentioned that
departmental action had been initiated against the erring officials and a case u/s 302 IPC also
registered against them.
4.64 Upon consideration of the report, the Commission concluded that the deceased was inflicted
National Human Rights Commission Annual Report - 2004-2005
35
AR-Chapter-1-19-10-6-06.p65
55
7/17/06, 6:29 PM