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Protection in custody is 'absolute responsibility' of the State : NHRC
AKHAND | 17 Sep 2013

The National Human Rights Commission (NHRC) have opined that it is the absolute responsibility of the State to protect lives of the persons who are in its custody. If any things happen to the person, state is responsible. Hearing a custodial death of Odisha the NHRC has issued show cause notice to state government . The commission asked to the Odisha Chief Secretary to submit its report within four weeks.

The National Human Rights Commission (NHRC) have opined that it is the absolute responsibility of the State to protect lives of the persons who are in its custody. If any things happen to the person, state is responsible. Hearing a custodial death of Odisha the NHRC has issued show cause notice to state government . The commission asked to the Odisha Chief Secretary to submit its report within four weeks.

 

 

 

Ajay Kumar Biswal of Bankipada village under Nilagiri Police limit was found dead in a paddy field near his house on November 24, 2011 a day after he was picked up by police for interrogation in connection with a petty case. His family members alleged he died in police custody at Iswarpur police outpost and his body was later thrown in the paddy field.

 

 

 

Akhand, a human rights activist from Odisha and a journalsit, moved the NHRC on November 30, seeking fair probe, action against the guilty cops and compensation of Rs 10 lakh for the victim's family.

 

In response to the direction of NHRC Superintendent of Police, Balasore had submitted his reports along with the final cause of death given by Professor & HOD FM&T, Cuttack. He has opined that the death of deceased Ajay Kumar Biswal appears to be due to poisoning - suicidal in nature. The Commission has considered the report. Sub- Collector, Nilgiri who conducted magisterial enquiry has concluded that one Constable failed to discharge his duties properly and as a result this incident had taken place. He had no authority to investigate and it was needless on his part to detain deceased Ajay Kumar Biswal in outpost. He also failed to make sincere efforts to search him after escape from police custody.

 

NHRC opines that “Deceased was in the care and custody of the State. It is the absolute responsibility of the State to protect lives of the persons who are in its custody. The human rights of the deceased have thus been violated.”

 

According to Section 18 of the Protection of Human Rights Act , the Commission has sent a notice to Government of Odisha through its Chief Secretary calling upon him to Show cause why monetary relief may not be recommended to be paid to the next of kin of the deceased within four weeks.