On 23.4.2013, Asian Centre for Human Rights (ACHR) filed a complaint with the National Human Rights Commission (NHRC) alleging that a prisoner Somla Naik died on 18.4.2013 due to torture at the Central Prison Warangal. Naik was arrested by the Excise Police on 16.4.2013 on the charge of possessing illicit distilled liquor. He was remanded to judicial custody on the same day and released on 17.4.2013 but died the next day.
The NHRC registered the complaint (511/1/23/2013) of ACHR and issued directions to the State Government of Andhra Pradesh, now Telangana, to submit detailed reports.
The NHRC examined all the relevant reports relating to too death of the deceased as furnished by the state authorities. The health screening report of the deceased dated 17.4.2013 of the deceased indicated that he had a history of being alcoholic and and he was being treated for alcoholic intoxication and withdrawal symptoms. After admission in the prison he was admitted in the central prison and was provided treatment for withdrawal symptoms till his release. The medical certificate dated 16.4.2013 issued by MGM Hospital did not show any external Injury on the body of the deceased.
The reports further stated that the deceased Somla Naik was released on bail. However, there were no records available showing the formal release of the deceased from the jail. The NHRC directed the Jail Superintendent vide letter dated 27.2.2014 to provide a copy of the document about the release of the UTP, but no document could be furnished. The Superintendent of Police of Warangal in his report to the NHRC stated the deceased died outside after his release from the jail hence no postmortem inquest and magisterial enquiry report was conducted. The cause of death was not known.
As the prisoner died within two hours of his release, a magisterial enquiry into the matter was conducted by the SDM and RDO, Warrangal. The enquiry recorded the statements of all the relevant witnesses including the statements of the wife of the deceased. The enquiry officer concluded that Somla Naik was suffering with illness right from his admission in the jail till his discharge. According to the inquiry officer, on the date of release the victim was under treatment and was capable to walk only with the help of some assistance. Till he borrowed an auto to go to his village Gundlasingarn he was alive. But when the auto reached his village he was found dead. The concerned Police at Matwada registered a case Crime No. 135/2013 under Section 174 Cr.P.C. However, the case was amended and Section 302 IPC was added as the post mortem report revealed the death was due to cardiac arrest as a result of compression over the neck.
Pursuant to the directions of the NHRC, the matter was referred to the expert on the panel of the NHRC for examination and opinion. The expert after examining the material on record opined as follows:- “Several inconsistencies are noted in the treatment record of the MGM Hospital and also Prison Hospital. The possibility of the fabricated medical treatment record at the Prison Hospital cannot be ruled out and the same may be investigated. The observation that the deceased at the time of his release was unable to walk on his own also suggest the possibility of him to sustain the injuries while in the custody”.
The NHRC after considering the materials on record took note of the facts and circumstances of the case. Admittedly the deceased was in the care and custody of the state. During his custody in the prison the deceased did not lose his right to life as guaranteed under Article 21 of the constitution. But the circumstances established on record indicated that the deceased did not have a normal and natural right to life and the nature of his death did not rule out torture of the deceased while in the judicial custody. The torture meted out to him resulted in the cardiac arrest and ultimately the death of the deceased. The inconsistency noticed in the treatment record itself testified that the prison authorities wanted to suppress the truth. Therefore there was a clear case of foul play in the death of the deceased.
In the circumstances, the NHRC on 12.09.2017 directed the Chief Secretary, Govt. of Telangana to show cause u/s 1B (a) (i) of PHR Act, 1993 as to why a compensation of Rs. 5 lakhs should not be recommended to be paid to the Next of Kin (NOK) of the deceased within six weeks positively. The Chief Secretary was further directed to cause an investigation into the tampering of the medical treatment record of the prisoner as found by the expert on the panel of the NHRC and submit the report within the said period. The Commissioner of Police Warangal, Telangana was directed to furnish the status of case FIR No 135/13 PS Matwada.
In response to the directions of the NHRC, the DG of Prisons and Correctional Services, Government of Telangana submitted a report dated 13.11.2017. It stated the prisoner was discharged from the Prison Hospital on 18.4.2013 and released together with his co-accused. The prisoner died after release only on bail at about 11.30 am on 18.4.2013. The prisoner was given necessary medical treatment during his stay in the prison. The prisoner’s relative brought the dead body of the prisoner in an auto rickshaw claiming that the prisoner was dead in prison, perhaps with the intention to get certain benefits by wrongly accusing the prison officials. The report concluded that since the prisoner died outside the Central Prison after his release, there was no justification for payment of any compensation to the next of the kin of the deceased.
The NHRC considered the reply of the DG of Prisons and Correctional Services and reiterated findings of the expert on the panel of the NHRC who held that “Several inconsistencies are noted in the treatment record of the MGM Hospital and also Prison Hospital. The possibility of the fabricated medical treatment record at the Prison Hospital cannot be ruled out and the same may be investigated. The observation that the deceased at the time of his release was unable to walk on his own also suggest the possibility of him to sustain the injuries while in the custody.”
The NHRC rejected the reply furnished by the DG of Prisons and Correctional Services and in its hearing on 13.03.2018 finally recommended a sum of Rs. 5 lakhs as monetary compensation to be paid to the next of the kin of the deceased by the Chief Secretary, Government of Telangana.
The compliance with various directions is awaited.
