Bombay high court recently awarded cost of rupees five lacs to the deceased under trial prisoner’s family. The family had obtained the relevant information under the Right to Information act and had filed a criminal writ petition in Aurangabad bench of Bombay High Court. Recently Government of Maharashtra has complied with court’s orders.
Under trial prisoner Namdeo Vaijanath Sable died in Beed central jail. He was lodged in jail as per orders
of judicial magistrate, majalgaon. On 28.3.2009 at about 2.00 a.m. Namdeo
started vomiting. He was taken to Civil Hospital but was declared dead. Only
thereafter the incident was informed to the Namdeo’s family. In the post mortem
report doctor gave opinion that Namdeo died due to head injury. Subsequently FIR
was lodged.. The employees at the prison had beaten Namdeo; he sustained head
injury and died.
Namdeo’s wife made several
representations that her husband had been killed in the prison, however as
usual nobody heard her pleas. The newspaper
reports also claimed that Namdeo died due to negligence in giving medical
attention. When in spite of representations to various authorities, nothing
happened, Namdeos family filed
application under Right to Information Act and obtained copy of FIR and medical
report. Due to this information it was confirmed that cause of death was head injury.
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| Custodial Death Photo Courtsey Dnaindia.com |
Then Namdeo’s family filed a
criminal writ petition in Aurangabad bench of Bombay high Court. High Court
held that when a prisoner enters the prison, he is responsibility of the State.
He has to be protected by the State from other inmates in the cell and even from
the prison officials.
High Court also observed that,
there is no reason why the State should not have cameras including night vision
cameras, to cover all portions of the prison other than the changing room and
toilets. There is no reason why, when such incident takes place, the State is
unable to show from scientific evidence of video recordings as to what exactly
happened when the victim is alleged to have slept in the cell along with other
prisoners.
Video recording can show the
truth. If the State fails to make provision to make such scientific evidence
available, the State cannot escape the liability whenever such death occurs while
the person is in the custody or in the prison. There is a tendency between jail
officials to protect each other when one of them is responsible. The other
inmates in the prison can be intimidated or for various reasons, their silence
can be procured when prison officials are involved in atrocities on any inmate.
 |
| Photo Courtsey newindianexpress.com |
HC also directed the State Government
to consider inquest report recorded by Executive Magistrate Abhay Devidas
Mhaske and read the same with the post mortem report and looking to the manner
in which this inquest panchanama was recorded, take suitable action against the
Executive Magistrate for his approach while recording the inquest panchanama
which was either negligent or a conscious effort to shield those who were
guilty at the prison
 |
| Photo Courtsey Yashada.org |
Court ordered to pay compensation
of rupees five lacs to the petitioners, however left it at the liberty of State to recover the amount of compensation,
interest and costs as directed to be paid, from respondents i.e then
jailor Dattatraya Devrao Sonawane, Havaldar Ramesh Tarachand
Devre and Jamadar Babusing Devrao
Solunke or such other officials as it
may find to be responsible.
High Court also asked to deposit compensation
amount with interest and costs within two months from the date of judgment i.e. 14 July 2015 , accordingly stategovernment has issued GR in that regard on 3 October 2015 . However GR doesn’t mention
anything about recovering of said cost from anybody. Meanwhile jailor, Dattatraya Devrao Sonawane has been sentenced
to 5 years of Jail term by district and sessions court of
Beed on 25 September 2012.
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