Saturday, March 26, 2022

National Human Rights Commission ordered compensation of Rs 3 lakh on the death of victim Jaswa Devi's husband in police beating

 



The complainant alleged that a 52 years old dalit man, Pradeep Choudhary, was beaten to death by police official who tried to put colour on an upper class man on holy festival. The complainant seeks intervention of the Commission in this matter. On the direction of the Commission the Investigation Division of the Commission analysis the case file and submitted its report which suggests that the deceased, Pradeep Choudhary, fell down during chaos as the police was called by the Chowkidar (on duty) over colour use during the Holi festival. He suffered head injury due to fall. The deceased was taken to the Community Health Centre, for treatment, where he was provided primary treatment. During examination, he was found under influence of alcohol. He was taken to the PS, without making any entry in the diary of the PS. In the morning, the deceased suffered three epilepsy attacks, but he was not given any medical treatment by the police. He was then released to the village Pradhan and elders. However, he again suffered epilepsy attack and his health condition deteriorated. He was referred to Sadar Hospital, Koderma. The Sadar Hospital, Koderma, further referred him to RIMS, Ranchi, for treatment. The victim died on the way to the hospital on 14.03.2017. The Enquiry Report shows evidence that he was put in wrongful confinement at the PS and was not provided treatment despite his health condition. The SP, Koderma, had initiated departmental enquiry against the then SHO of PS Satganva, for the negligence and human rights violation of the deceased. The Commission held that police failed to lodge any detail in its general dairy as to why the deceased was kept in their custody, moreover it failed to provide timely treatment to the deceased despite the fact that it is the duty of the police to provide medical care to every person in their custody. Thus in this scenario, the police has violated the human rights of the deceased person in this case for which the State Govt. is vicarious liable. Therefore, issued Show Cause notice u/s 18 of the PHR Act, 1993 to the Govt. of Jharkhand through its Chief Secretary, as to why Commission should not recommend a compensation of Rs.3,00,000/- (Rs. Three Lakh only), to the NoK of the deceased victim, Pradeep Choudhary. Vide proceedings dated 10.07.2020, the Commission observed that another similar complaint on same subject matter was received from Sh. Onkar Vishwakarma, Human Rights Activist, Koderma through email. Hence Commission had linked the same with this file. A report dated 04.09.2020, was received from the Jt. Secretary, Govt. of Jharkhand, along with the report dated 27.08.2020, from DGP, Jharkahnd, vide which was informed that the after the enquiry, the then SHO, PS Satganva, was found guilty and a punishment of "stoppage to pension for two years and reducing the pension amount by 5%" was imposed upon him. Vide another communication dated 10.12.2020, the Jt. Secretary, Govt. of Jharkhand, addressed to the Dy. Superintendent of Police, Koderma, and Police Commissioner, Koderma, details like, name, address, bank account, etc., of the NoK of the deceased victim, Pradeep Choudhry, were sought for, so that the compensation amount of Rupees Three Lakhs could be paid to them. The Commission vide proceedings dated 16.5.2021 observed and directed as under : - "The Commission has considered the material placed on record which reveals that in the present matter the then SHO, PS Satganva, was found guilty and a punishment of "stoppage to pension for two years and reducing the pension amount by 5%" was imposed upon him. Directions were issued to the Dy. Commissioner, Koderma and Superintendent of Police, Koderma to collect details like, name, address, bank account, etc., of the NoK of the deceased victim for making payment. However, the Commission…

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