Tuesday, September 22, 2009

NHRC recommends One Lakh Rupees monetary relief in a case of death in Police custody in Andhra Pradesh

The National Human Rights Commission has recommended that the Government of Andhra Pradesh pay a sum of one lakh rupees as monetary relief to the parents of Jakir Basha who died in the police custody on 9th May, 2005. The Commission has also asked for a compliance report with proof of payment. The Commission has said that the amount of compensation should be paid to the parents of Jakir Basha and not to his wife as she was herself the tormentor and a complainant against him.Jakir Basha married to Praveena against the wishes of her parents on the 24th January, 1999. The marital journey was not smooth and in the year 2005, Praveena made a complaint at P.S. Guntakal Town-II alleging that she was being harassed by her husband in connection with monetary demands. A case u/s 498A IPC was registered and Jakir Basha was arrested on the 9th May, 2005. Jakir Basha was taken by a police team from Guntakal to Kurnool for recovery of the clothes and other belongings of his wife. While returning, he took out poisonous tablets from his bag and consumed them. The escort police took him to the Government General Hospital, Anantapur for treatment. Later he was taken to Abhaya Hospital, Bangalore, where he died on the 17th May, 2005. The post mortem and viscera report confirmed Jakir Basha had died due to respiratory failure as a result of consumption of poisonous substance.On consideration of the facts of the case, the Commission found prima facie that life of Jakir Basha could have been saved if the police had been vigilant. The Commission issued a show cause notice to the Government of Andhra Pradesh. However, despite a reminder, when no reply came from the Andhra Pradesh Government, the Commission concluded that the State Govt. obliviously has nothing to say in defence of the police and hence it must bear liability for the death of Jakir Basha. The Commission took up the case in the year 2006 on the basis of intimation received from Assistant Commissioner/SDM, Bangalore.

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