Pay 1 lakh for custody death

he National Human Rights Commission has directed the Jharkhand Government to pay Rs.1 lakh as relief to the family of an adivasi student who died in police custody on April 9, 2002, after his arrest in connection with a bank dacoity case. The Commission asked the Jharkhand Chief Secretary to submit compliance report and proof of payment. Kartik Oraon of Gumla district was picked up by the police on April 6, 2002. Three days later he was found hanging with a gumcha. According to Adivasi Chatra Sangh, the student had committed suicide unable to bear third degree torture at the police station. But the police maintained that Oraon was let off on the April 7 and he came on his own on April 9. The Commission felt that the police version was not convincing and asked the State Government to order a CB-CID probe. But the latter could not substantiate the allegation of torture. However, the investigating officer concluded that it was a serious lapse on the part of the police officers to have allowed the accused to keep the gumcha with him. The Gumla executive magistrate who held an inquiry found negligence on the part of the police sentry who was on duty at the lock-up and censured him. The Commission concluded that even though the CB-CID probe might not have substantiated the allegation of torture, there was no doubt that the police men were negligent. The police should not have allowed him to keep anything which could be used by him for doing harm to himself. By allowing him to keep the gumcha, the police unwittingly gave him an opportunity to hang himself. For such negligence by the police, the State must bear liability, said the Commission ordering compensation.

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