The National Human Rights Commission (NHRC) has asked the Odisha government to pay Rs 5 lakh compensation to the next of kin of a man who allegedly died in police custody.
The apex rights panel directed the State’s Chief Secretary to submit the compliance report along with proof of payment within six weeks.
Adjudicating a petition filed by Supreme Court Advocate and Human Rights Activist Radhakanta Tripathy, a division Bench of the NHRC consisting of Justice Arun Mishra and Rajiv Jain sought compliance report within six weeks.
Tripathy’s petition alleged the custodial death of one Suresh Naik on 21 November 2019 in Barbil Police Station in Keonjhar district. He urged the intervention of the Commission in the matter, compensation and legal action against the culprits.
Naik (the deceased) was in the custody of police when he committed suicide by hanging. Had the sentry deployed to keep a watch on the deceased, been alert, the man could not have got an opportunity to commit suicide and for this, the State cannot escape its liability for the death of the person in police custody, NHRC observed.
The Commission consistently emphasized that a prisoner, whether a convict, under trial or detenue, does not cease to be human being and while lodged in police custody, he enjoys all his fundamental rights including right to life guaranteed by the Constitution. Time and again, the Commission insisted on improving the conditions of the police lockup which was pitiable besides being overcrowded and lacking medical care. Had there been effective supervision by officials upon the deceased, a prisoner’s life could have been saved.
The deceased was under the custody of police and it was the responsibility of the state to take all precautionary measures to ensure that a person under its custody does not harm himself, NHRC stated while posting the matter for further hearing on 29 January 2023.