In the first-ever Camp Sitting in the State of Arunachal Pradesh to be held at Itanagar on 25.05.2018, the National Human Rights Commission (NHRC) has decided, among others, to take up the 2014 custodial death of Pintu Chakma. This was announced by the NHRC vide its proceeding dated 17.05.2018 in the case, wherein it also directed the State Government of Arunachal Pradesh to show cause as to why it should not recommend a compensation of Rs. 200,000 to the next of kin of the deceased.
Pintu Chakma (26 years), s/o Golok Basi Chakma of Dumpani village under Diyun Circle in Changlang district of Arunachal Pradesh, was arrested along with four others by police from Dumpathar village in connection with Case FIR No. 18/2004 u/s 27(1) NDPS Act registered at Diyun police station on 30.04.2014. The four other accused were released on bail within few days, but Pintu Chakma was denied bail. He remained in police custody for seven days at the lock-up of Diyun police station. On 06.05.2014, he was sent to judicial custody and but still lodged at the lock-up of the police station until his death under mysterious circumstances on 16.10.2014.
On 17.10.2014, Asian Centre for Human Rights (ACHR) filed a complaint with the National Human Rights Commission (NHRC) alleging that Pintu Chakma died in custody due to torture and denial of proper medical treatment. ACHR also informed the NHRC that despite his failing health the deceased was not shifted to jail but kept in prolong detention in sub-human condition at the police lock-up. Among others, ACHR urged the Commission to recommend adequate compensation to the next of kin of the deceased as he was the only bread earner for his family. The deceased was survived by his wife and two minor children, aged 5 and 3 years respectively.
The NHRC registered the complaint (157/2/4/2014-AD) and issued the direction to the State Government of Arunachal Pradesh to submit detail reports.
The Superintendent of Police, Changlang submitted information about the custodial death along with other documents including enquiry report, inquest report, post mortem report, FSL report etc. A medical expert on the panel of NHRC also examined the clinical and other records of the deceased. However, definite cause could not be determined for the death.
The NHRC, however, observed “The State is responsible to take care of the person in custody. The death of the deceased due to poison might be due to carelessness and lackadaisical attitude of the authorities. Thus, there was lapses/negligence on the part of Jail Administration to provide security and protection along with proper treatment to the prisoner in their custody. Due to this reason, human rights of the deceased prisoner has been violated and the State is vicariously liable to pay compensation to the NOK of the deceased UTP Pintu Chakma.”
Accordingly, vide its order dated 17.05.2018, the NHRC issued notice u/s 18 of Protection of Human Rights Act, 1993 to the Government of Arunachal Pradesh through its Chief Secretary to show cause by 25.05.2018 as to why it should not recommend Rs. 2,00,000/- as compensation to the NOK of the deceased UTP Pintu Chakma.
