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This is an archive article published on September 21, 2000

NHRC asks TN to pay Rs 1 lakh in a custodial death case

NEW DELHI, SEPT 20: National Human Rights Commission (NHRC) has directed Tamil Nadu government to pay an interim compensation of Rs one la...

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NEW DELHI, SEPT 20: National Human Rights Commission (NHRC) has directed Tamil Nadu government to pay an interim compensation of Rs one lakh to the next of kin of Joseph, a custodial death victim.

The Commission, which received a complaint from the wife of Joseph, who was declared dead when shifted to a hospital by the state police with multiple injuries all over the body, has also asked for the final investigation report, along with medical reports including details of medical examination of the victim at the time of admission to the jail.

According to the complaint, the deceased had been remanded to judicial custody in Madurkantam sub-jail in the state.

"He was taken to Madurkantam Government Hospital in a critical condition and had sustained multiple injuries all over his body. Later, he was shifted to Chengalpattu Medical College (CMC) where he was declared dead," the complaint said.

In response to the notice issued by the Commission to the State Secretary, a report was received from the Collector of Anna District at Kancheepuram.

"According to Sub-Collector, Chengalpattu, there were bruises on the body of the deceased which could have been caused by hitting also," the report said.

"The doctors at CMC hospital had conducted the postrtem and viscrea had been sent for chemical examination. No report of the same had been received so far. The said doctors were of the opinion that injuries could have been caused four days prior to the death," the report received by NHRC said.

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The report furthers states that an enquiry was ordered to be conducted by the Cub-Divisional Executive Magistrate and Sub-Collector Chengalpattu. He was also requestd to inquire into the request of gratuity, exgratia payment from Chief Minister’s Relief Fund.

In its order, NHRC said "In view of the report and other details, prima facie it appears to be case of custodial death."

The Commission, which asked for a final investigation report, said "in the meantime, having regard to the facts of the case and that the deceased was in the prime youth, NHRC recommends to the state government to pay an interim compensation of Rs one lakh to the next kin of the deceased, within one month from the date of this order."

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