In its latest proceedings held in June 2018, the National Human Rights Commission (NHRC) directed the State Government of Tripura through its Chief Secretary to show cause as to why the Commission should not recommend compensation of Rs 5 lakhs to be paid to the next of kin (NoK) of the deceased, Shankar Dev, who died in the custody of Arundhuti Nagar Police Station in Agartala, West Tripura, on 12 June 2014. The Chief Secretary was directed to respond to the Show Cause Notice within six weeks.
The NHRC registered the case No. 40/23/4/2014-ad based on the complaint of the ACHR dated 13.06.2014. The case pertains to tortured to death of Shankar Dev, a resident of Matri Palli area in Tripura’s capital Agartala, in the custody of PS Arundhuti Nagar on 12.06.2014. As per accounts of family members of the deceased and local residents, the police picked up the deceased from Matri Palli area during the night of 11.06.2014 for creating tantrums in the neighborhood and put him at the police station lock-up. They alleged that he was brutally tortured in custody and when the deceased expressed that he was seriously ill on the next morning, the police called the deceased’s family members to come and take Shankar Dev on bail. As the condition of the deceased deteriorated soon after reaching home, his family members rushed him to G.B. Hospital in Agartala, where he succumbed to his injuries he received from beating while in custody of police during the previous night.
In compliance to NHRC’s direction, the State government of Tripura submitted detailed reports, including the report of Inquest conducted by the concerned Deputy Collector and Executive Magistrate on the death of the deceased. In its proceedings, the NHRC noted that the Inquest conducted by Deputy Collector & Executive Magistrate, Sadar West Tripura showed one reddish spot at the middle of the chest.
The NHRC noted that the postmortem report mentioned the following injuries which are all ante mortem in nature:
“ i) Bruise measuring 6 cmx5 cm is present on the right parietal region of the scalp just above the parietal eminence and 7 cm right to midline.
ii) Abraded-bruise measuring 4 cm x 3 cm is present on the centre of the chest, 4 cm above the xiphoid process. On dissection, extravasation of blood is present in the layers of muscle extending from 2nd to 7th ribs over an area of 11 cm x 7 cm on left side of chest.
iii) Bruise measuring 6 cm x 4 cm is present on the back of left arm, 8 cm above the elbow joint.
iv) Bruise measuring 1.5 cm x 1 cm is present on the back of left arm, 3.5 cm above the elbow joint.
v) Multiple abrasions are present over the back of left elbow joint in an area of 3 cm x 2 cm. Total number of abrasions is three, sizes ae 0.5 cm x 0.2 cm, 0.6 cm x 0.3 cm and 2 cm x 1 cm.
vi) Abrasion measuring 1.5 cm x 0.5 cm is present on the outer aspect of right forearm, 1.3 cm above the wrist joint.”
The Commission further noted: “It is also clear from the said report that those injuries are about one-day duration of age at the time of death. The cause of death was due to head injury caused by impact of hard and blunt object.”
On its part, the police contended that the deceased sustained fatal injuries on his head due to a fall on bricks at the courtyard of his home after release from police custody on bail. The police also submitted a statement of one Paritosh Chakraborty, whom they claimed as an independent witness. The police claimed to have arrested him along with the deceased.
However, the NHRC rejected the statement of Mr Chakraborty on the ground that he was not an eye witness to see the deceased sustaining injuries to his after falling at the courtyard of his house. The Commission accepted the statement of deceased’s wife that her husband was torture at the police station and he sustained injuries there. The Commission also noted that as many as six injuries found on the body of the deceased during postmortem examination have not been explained by the police.
Finally, the NHRC concluded: “Going by the records like Inquest and postmortem report coupled with the statement of the wife of the deceased that the deceased had been tortured in the Police Station which had led to the death of the deceased and the stand taken by the police by examining the independent witness appears to be after thought and more so the said statement is not in any way supports fully to the question of police. For all these reasons the next of kin of the deceased are entitled to compensation.”
