Custodial Death in Gonda, Uttar Pradesh

The Case of Dev Narayan Yadav and NHRC’s Prolonged Struggle for Accountability

NHRC Case No.: 30196/24/33/2022-AD

NHRC Diary No.: 15696/IN/2022

Category: Custodial Death (Police) – 807

Place: Nawabganj Jaitpur, District Gonda, Uttar Pradesh

Date of Death: 14 September 2022

Victim: Dev Narayan Yadav, Age 22 years

Introduction

Custodial deaths strike at the heart of constitutional democracy. When a young man dies allegedly due to police brutality and the system fails to complete even mandatory inquiries for years, it raises fundamental questions about rule of law, police accountability, and access to justice.

The custodial death of Dev Narayan Yadav, a 22-year-old resident of Gonda district, Uttar Pradesh, is one such case—now pending before the National Human Rights Commission (NHRC) for nearly three years due to repeated non-compliance by local authorities.

Background of the Complaint

On 27 September 2022, human rights defender Lenin Raghuvanshi submitted a complaint to the NHRC alleging that:

• Dev Narayan Yadav died on 14 September 2022

• His death was caused by cruel beating by police personnel

• The incident occurred in Nawabganj Police Station area, Gonda

• The family demanded registration of a murder case and compensation

Following public pressure and complaints, FIR No. 369/22 under Sections 147/302 IPC was registered at PS Nawabganj on 15 September 2022.

NHRC Proceedings: A Timeline of Delay

Despite the seriousness of the allegations, the case has seen persistent delays:

• 2022–2023: NHRC repeatedly called for:

  • Magisterial Inquiry Report

  • Status of Final Report filed before the court

• 29 August 2023: The case was sent to the NHRC Investigation Division due to incomplete records.

• The Investigation Division explicitly noted that:

  • Mandatory reports had not been furnished despite repeated directions.

Police Final Report vs Missing Magisterial Inquiry

In August 2025, the Additional Superintendent of Police, Gonda submitted a report stating:

• A Final Report (closure report) had been filed in FIR No. 369/22

• The police concluded that there was “lack of evidence” to proceed

However, a crucial legal requirement remained unfulfilled:

The Magisterial Inquiry Report—mandatory in every custodial death—was never submitted to the NHRC.

This inquiry was reportedly pending before the Chief Judicial Magistrate (CJM), Gonda, but no copy was furnished to the Commission.

NHRC’s Strong Observations (July 2025)

On 14 July 2025, the NHRC passed a significant order noting that:

• Despite years of correspondence, essential reports were still missing

• Without the magisterial inquiry, the Commission cannot logically conclude the case

• Continued non-compliance may compel the Commission to invoke its coercive powers under Section 13 of the Protection of Human Rights Act, 1993

The NHRC directed:

• The District Magistrate, Gonda

• The Superintendent of Police, Gonda

to submit the Magisterial Inquiry Report and final case status within six weeks, failing which coercive action may follow.

Why This Case Is Critical

This case highlights systemic issues:

• Delay as denial of justice

• Police investigating their own alleged wrongdoing

• Failure to comply with NHRC and Supreme Court guidelines

• Erosion of trust in custodial safeguards

As per Supreme Court jurisprudence and NHRC guidelines, every custodial death requires:

• Independent magisterial inquiry

• Post-mortem by a panel of doctors

• Videography of post-mortem

• Transparency and victim compensation where violations occur

None of these safeguards appear to have been conclusively fulfilled even after three years.

Unanswered Questions

1. Why has the Magisterial Inquiry Report not been submitted till date?

2. On what basis was the police final report filed without completing mandatory inquiries?

3. Has accountability been fixed for custodial violence?

4. Will the victim’s family receive compensation and rehabilitation?

5. How many such cases collapse due to “lack of evidence” created by delay?

The death of Dev Narayan Yadav is not just a case—it is a mirror reflecting the structural weaknesses in addressing custodial violence in India. The NHRC’s persistence underscores the importance of constitutional oversight, but true justice requires timely compliance by state authorities.

Until mandatory inquiries are completed and made public, custodial deaths will remain buried under files rather than answered by law.

Justice cannot depend on reminders. Accountability cannot wait indefinitely.