JOIN USNHRC reverses Gujarat magistrate's clean chit to Sabarmati Jail officials in custodial death
The National Human Rights Commission (NHRC) has reversed the finding of a judicial officer who certified the death of an under-trial prisoner in Sabarmati Central Prison three years ago as natural despite the victim having 22 injury marks on his body and wrote to the Gujarat High Court Chief Justice seeking action against him.
The NHRC said it was "very surprising and shocking" to know that though 22 ante-mortem injuries over the body of the deceased were clearly reflected in the post-mortem report, but still enquiry magistrate, Ahmedabad Additional Chief Metropolitan Magistrate reported that there was no injury.
The judicial enquiry report is "shady in nature and hence, cannot be relied upon", it said adding that material on record showed that the under-trial prisoner Ashok alias Lalit died on 29 May, 2017 due to negligence and torture by jail officials.
The NHRC has also directed its registry to bring the matter to the notice of the Chief Justice for taking necessary action on the presence of such judicial officers.
It also issued a notice to the Gujarat Chief Secretary to show cause why not an interim relief of Rs three lakh should not be recommended to be paid to the next of the kin of the deceased as his "human rights were violated by the delinquent jail officials". The Gujarat Director General of Police has been asked to submit a report along with the criminal case registered and progress in the matter. Both have been given a deadline of four weeks.
According to the NHRC, the victim was in the custody of Sabarmati Central Prison since 27 May, 2017 and two days later, he fell ill and was shifted to the Civil Hospital in Ahmedabad where he died on the same day. He was arrested on charges of violating Prohibition Act.
"The postmortem was done by a panel of four doctors, which revealed 22 ante-mortem injuries from head to toe. The cause of death was kept preserved," it said. Later after viscera and Histo Pathological Examination (HPE) results came, the cause of death was shown "death due to shock and hemorrhage as a result of injuries sustained over the body".
However, the magisterial enquiry concluded that the health screening report as well as inquest report revealed that no injury was present on the person of the deceased.
During magisterial enquiry, the NHRC said, the family members did not complain of anything and based on the statements of doctors and jail officials, so the judicial officer concluded that there was no direct or indirect evidence that the deceased was physically or mentally tortured or ill-treated during custody and without any evidence.
According to the NHRC, the under-trial prisoner was "normal at the time of entry into the jail and died within two days".
"The strong scientific and biological forensic evidence cannot be undermined as far as the cause of death is concerned. This is also a fact that he was in jail for the past two days before his death in the hospital. Hence, there is no point in accepting that his death was natural. This is a clear case of unnatural death in the judicial custody of Sabarmati Central Jail and hence the State is vicariously responsible for the same," it said.
The NHRC also held that the statements of the family members of the victim after his death bear no relevance as the victim was in jail and the family members may not have met after the injuries, when he was alive.