Recommending Rs two lakh compensation in a custodial death case, the Punjab State Human Rights Commission has also recommended disciplinary action against the then Superintendent of Ferozepur Central Jail for “dereliction of duty”.
The orders, padded by the Commission’s bench headed by the PSHRC chairman Justice Iqbal Ahmed Ansari on Thursday, decided that a compensation of Rs two lakh be paid by the State Government to the next kin of the 32-year-old Gopal Dass, who died in police custody in 2012.
Rajasthan-resident Dass was facing charges under the Narcotic Drugs and Psychotropic Substances Act in a 2009 case.
Dass had fallen ill the day he returned from his court appearance, before the Patiala Sessions Court on February 11, 2012, and expired on same day in ludhiana Civil Hospital. Taking cognisance of the matter, the Commission asked for reports from the various authorities.
“Chemical Examiner, who had examined the viscera of the deceased, had recorded in his report that Poison Organo Phosphorus compound pesticides had been detected in the viscera,” pointed the Commission in its order.
The Commission meticulously examined the entire reports “but failed to find out any mention as to how the poisonous substance found in the viscera of the deceased had come into possession of the deceased convict. Under these circumstances, the Commission formed a prima-facie view that compensation ought to be granted to the next kin of the deceased”.
As the Commission put the State and its functionaries — PSH, ADGP (Prisons), Ferozepur Central Jail Superintendent on notice to put in their defence, the Superintendent justified that “such pesticides usually dilute with food articles being taken by the convicts”.
Not accepting the Superintendent’s reply, the Commission noted that there were large number of other convicts, lodged in the jail, who were also taking the same articles of food, which were being consumed by the deceased but none had fallen ill.
“It clearly shows that organo phosphorus compound pesticide was consumed by the convict, when he had been taken to the Court for appearance and the jail officials, who were escorting him, failed to perform their duties diligently,” pointed the Commission.