Monday, February 19, 2018

Compensation in the case of custodial death




Case Details of File Number: 3116/4/26/2014-AD
Diary Number
110011,1100482
Name of the Complainant
ROHIT KUMAR
Address
DETENTION WATCH COORDINATOR,

PATNA , BIHAR
Name of the Victim
PUNDEV CHOUDHARY S/O LATE. ROHAN CHOUDHARY
Address
R/O DEVRIA, PS. BHAGWANGANJ,

PATNA , BIHAR
Place of Incident
MASAURHI JAIL

PATNA , BIHAR
Date of Incident
7/6/2014
Direction issued by the Commission
These proceedings shall be read in continuation of earlier proceedings of the Commission dated 28.11.2017. The matter relates to death of undertrial prisoner Pundev V Choudhar son of late Ram Choudhary on 6.7.2014 due to inadequate treatment and medical negligence by the Jail Administration. The Commission had recommended an amount of Rs.1,00,000/- as interim relief to be paid to the next of kin of the deceased prisoner. In response, the Deputy Inspector General, Prison and Correctional Services, Bihar, Patna, vide communication dated 12.1.2018 has submitted the compliance report. Perusal of the same reveals that an amount of Rs.2,00,000/- as recommended by the Bihar Stae Human Rights Commission has been paid to Smt. Parvati Devi wife of the deceased prisoner on 11.8.2017. The delinquent prison personnel have also been dealt with and punished departmentally Proof of payment has also been annexed. The Commission has considered the matter. An amount of interim relief of Rs.2,00,000/- has been paid to wife of the deceased prisoner. Since the Bihar State Human Rights Commission is already seized of the matter, therefore the case is closed. Let a copy of these proceedings also be transmitted to the Bihar State Human Rights Commission, Deputy Director (M&C), NHRC and to the beneficiary for information. LINKED WITH MAIN FILE NO.2716/4/26/2014-JCD.
Action Taken
Concluded and No Further Action Required (Dated 2/16/2018 )
Status on 2/19/2018
The Case is Closed.

From: PVCHR Communication
Date: Mon, Jul 7, 2014 at 10:42 AM
Subject: Masaurhi jail inmate found dead
To: covdnhrc , jrlawnhrc
Cc: "Dr. Lenin Raghuvanshi"


To,
The Chairperson
National Human Rights Commission
New Delhi

Dear Sir,

I want to bring in your kind attention towards the news published in Times of India on 7th July, 2014 regarding Masaurhi jail inmate found dead http://timesofindia.indiatimes.com/city/patna/Masaurhi-jail-inmate-found-dead/articleshow/37923013.cms

PATNA: A 40-year-old inmate of Masaurhi subdivisional jail was found dead in his cell on Sunday morning. The wife of the diseased, Parvati Devi, and other relatives alleged that Purnadev Chaudhary succumbed to his injuries as he was brutally beaten by the police.

IG (prisons and correctional services) Prem Singh Meena said three doctors would do the postmortem at PMCH. "The postmortem has been videographed. The report is expected on Monday. Only then we can confirm the reason of the death," he said.

According to police sources, Purnadev of village Deoria under Bhagwanganj police station area in Patna district was arrested and sent to jail by Bhagwanganj police on July 2 for selling hooch. But his wife has complained to the prison department that he died because of police thrashing.

Meena said, "He did not wake up on Sunday morning. The jail doctor declared him dead. Some external marks of physical assault were visible, as told by the relatives and the jail superintendent. An FIR has been lodged with Masaurhi police station in this connection."

Patna SSP Manu Maharaaj said Parvati as well as the jail administration alleged in writing that ASI Sunil and SI Anil beat Purnadev badly during the last couple of days. However, Purnadev had been in judicial custody since July 2. The jail doctor declared him medically fit on July 3 and July 4, the SSP said.


Therefore it is kind request 

1.To conduct an inquiry in this incident of custodial death under section 176(1)A Cr.PC by a Judicial Magistrate
2. To provide compensation to the victim's family.
3.   To ensure Videography of the Post-Mortem Report of the victim&
the same is informed to NHRC.


Thanking You


Sincerely Yours


Rohit Kumar


Detention Watch Co-ordinator 


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