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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.

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.

Sunday, October 4, 2015

Custodial death, family obtains information under RTI, files writ, Court orders government to pay compensation

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