Custodial Death in Malda Customs – NATIONAL HUMAN RIGHTS COMMISSION awards interim relief of One Lakh Rupees based on TIOL Report
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WE had reported about the sad story of a young man who died in the custody of the Customs. This man was selected by the Staff Selection Commission for appointment as Inspector in the very Department. Unknown to us, the National Human Rights Commission had taken up the matter based on our reports and issued a Notice to the Revenue Department.
The Revenue replied that,
No FIR has been lodged against Custom officers nor there is any evidence regarding torture or harassment by Custom officers during custody of the deceased, and therefore, Custom officers cannot be held responsible for the un-natural death of the deceased.
The Govt. after getting proper inquiry conducted in the matter has issued Warning' to the concerned officials as they were found having acted in a negligent manner and failing to provide safe custody to the deceased, and not on account of any harassment or torture in custody to the deceased. Nothing has been established on record to prove any malafide on their part. As such, there is no ground to indicate that the concerned officials violated the human rights of the deceased in any manner.
The Commission did not agree and observed,
It is a clear case of violation of human rights of the deceased who was a young man of 30 years and died in the state custody. Secretary, Deptt. of Revenue, Ministry of Finance, Govt. of India is recommended to pay compensation of Rs. 1,00,000/- (Rupees One Lakh only) to the next of kin of the deceased as damages /interim, relief u/s 18(a)(i) of the Protection of Human Rights Act, 1993. The proof of payment be sent to the Commission within six weeks.
The Commission's Registry very kindly sent us a copy of the Order recommending compensation in Case No. : 400/25/2005-2006 .
It is a great reward for all of us in TIOL that due to our efforts, some small compensation is awarded to the poor father who lost his precious son. We hope the Revenue Department will pay up this small compensation without further prolonging the litigation.