Custodial death : NHRC directs Odisha Chief Secretary to pay Rs 7 lakh to kin of deceased
Kendrapara, Aug 26 : National Human Rights Commission (NHRC) has directed the Odisha Chief Secretary to pay Rs 7 lakh to the kin of the deceased who died in custody of the forest department and ensure that disbursement of compensation amount in a period of six weeks.
The direction of the NHRC issued on August 24 last while disposing of a petition filed by Civil Rights Activist Radhakanta Tripathy.
The Rights Apex body also asked the Chief Secretary to forward the compliance report with the proof of payment of the compensation amount to the Commission.
Tripathy in his complaint , pointed out that the 59-year-old Dhaneswar Behera, a resident of Khuntakata Satgachia village under Badamba PS in Athagarh of Cuttack district was picked up by forest department officials, on February 5 last on charges of poaching a tusker and removing its tusks.
However, later he was found dead in the custody of the Forest Department. The villagers and family of the victim had alleged that Dhaneswar Behera was picked up by forest officials while he was returning from his daughter’s house and was hacked to death by forest officials .
Seeking Magisterial enquiry of the issue, legal action against the errant officials and heavy compensation to the bereaved family, Tripathy sought for the NHRC intervention on a war footing.
Pursuant to the direction of the NHRC, a report has been received from the Principal Chief Conservator of Forest Odisha which discloses that in the instant matter has been registered against six forest officials and they have been arrested and forwarded to the Court on May 6 last and since then they are in jail custody.
They have been placed under suspension from February 8 last.
The inquest and post-mortem have been conducted and the investigation is still going on. All reports such as PM report, chemical and histopathological examination report of viscera, FCOD based on FSL, magisterial enquiry report have not been received so far.
The Commission considered the report and said it transpires that six forest officials have been found involved in this heinous crime and they have been placed under suspension therefore it appears that the human rights of the deceased have been violated by the public servants for which the Government is vicariously liable.
The NHRC issued show cause notice to the Chief Secretary in May 2023 as to why the compensation of Rs. 7 lakh be not recommended by the Commission to the state to be paid to the next of kin of the deceased for the negligence on the part of the Government employees.
In response to the same, the Conservator of Forest, Odisha has reported that all the reports related to the Final Cause of Death of Dhaneshwar Behra based on FSL, Magisterial enquiry have not been received.
In view of the same, the payment of compensation to the next of kin of the deceased will be considered after completion of due procedure.
The NHRC found the reply not satisfactory as it does not contradict the findings of the Commission and issued notice to the Chief Secretary directing him to pay the compensation to the next of kin of the deceased.
