NHRC asks State to pay one lakh in custodial death case

It asked the State Government to inform it about the outcome of a departmental inquiry initiated against three police constables deputed to keep a watch on the detainee, adding action should be initiated against those responsible for keeping the container with the poisonous liquid in the room.

NHRC said the State Government was at liberty to initiate proceedings for recovery of the compensation amount from the police personnel whose high-handedness had exposed the Government to this liability and directed it to send a compliance report within six weeks.

The Commission took cognizance of the case on a report sent by the district magistrate of Latur on January 28, 1996 that Rajkumar, who had a criminal record, was detained along with two others at the police station to avoid the occurrence of any untoward incident during a victory procession in the city. One viscera box with endosulphane in a tin container, which was seized by the police in a separate case, was negligently kept in the room where the deceased was detained.

Rajkumar broke the seal of the tin container and consumed the liquid after which he started having fits. Though he was shifted to the rural hospital, Nilanga, he died there, the district magistrate said. He informed that a case was registered and three police constables deputed there were immediately suspended for their negligence on duty.

On NHRC’s directions, the Superintendent of Police, Latur sent his report stating that Rajkumar was addicted to alcohol and despite warnings by two other detainees, opened the seal of the container with the help of his pen and consumed the poisonous liquid.

He said police officials deputed to keep watch on the detainees were suspended and a case was registered against them. The investigating officer of the case regarding seizure of viscera box was also suspended on July 1, 1996 for placing the tin container in a room where people were kept.

According to the chemical analyser, Aurangabad, the probable cause of death was pulmonary oedema caused by poisoning by endosulphane. In the inquest report, it was stated that no injury mark on the body of the deceased was found.

The magisterial inquiry conducted by the ADM, Latur said considering the criminal record of Rajkumar, police had apprehended him but proper instructions were not given to the police constables deputed to keep watch on the detained persons.

However, the report found no substance in the allegation of the victim’s brother that Rajkumar died as the police beat him up, as the post-mortem report suggested that he died of poisoning and their were no injury marks on the body.

The report concluded that the police officials were responsible for Rajkumar’s death. The ADM even suggested that if any such incident occurs, the police station incharge should personally be held responsible for the security and safety of those detained in police station and such officers should not be made in-charge of police stations in future.

On the basis of the facts and circumstances disclosed in the reports, the NHRC concluded that this was a serious case of custodial death and ordered the interim relief, the sources added.