Kendrapara, Dec 11: The National Human Rights Commission (NHRC) has recommended to the Odisha Chief Secretary to pay Rs.5 lakh to the next of kin of Suresh Naik, a custodial death victim..
Adjudicating the petition filed by Human Rights Activist Radhakanta Tripathy, a division Bench of the NHRC comprising Justice Arun Mishra and Rajiv Jain sought a compliance report within six weeks and listed it for further hearing of the case on January 29, 2023.
The apex rights body also directed that the compliance report be submitted along with proof of payment within six weeks.
In his petition, Tripathy alleged the custodial death of one Suresh Naik on November 21, 2019 at Barbil Police Station in Odisha’s Keonjhar district.
He had earlier urged the intervention of the Commission in the matter, compensation and legal action against the culprits.
The NHRC observed that the deceased was in police custody when he committed suicide by hanging. Had a sentry been deployed to keep a watch on the deceased, he 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.
Therefore, a notice under 18 of the Protection of Human Rights Act, 1993 was earlier directed to be issued to the Odisha government through its Chief Secretary to show cause as to why the Commission shall not recommend payment of monetary compensation of Rs.5 lakhs to the next of kin of the deceased.
However, no response to the show cause notice has been received from the State of Odisha, till date.
The SP, Keonjharin the meantime, has forwarded a copy of magisterial enquiry report of incident along with chemical examination report.
The magisterial enquiry report was not sent to the Commission till the issuance of the show cause notice despite notices.
A perusal of the magisterial enquiry report conducted by Judicial Magistrate First Class, Barbil indicates that there is no evidence to show any foul play or ill-treatment on the deceased, Suresh Naik.
The Commission consistently emphasized that a prisoner, whether a convict, under trial or detenee, 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.
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.
The Supreme Court in D.K. Basu vs. State of West Bengal 1997(1) SCC 416 held that the State has the obligation to ensure safety of a person under police custody.
But the state or its machinery fails to discharge the vicarious liability under the law and, the State cannot escape liability for the death of the person in police custody.
In the absence of a reply from the Chief Secretary and considering the facts and circumstances of the case, the NHRC presumed that the Odisha government has no objection for payment of monetary compensation to the next of kin of the deceased in the case