Compensation in the case of custodial death

Even though money does not heal emotional wounds, it sets a precedent to authorities to be careful and not abuse their power

#torture #CustodialDeath #CustodialTorture #PVCHR #NHRC

Case Details of File Number: 2910/13/16/2013-AD
Diary Number	158618
Name of the Complainant	LELNIN RAGHUVANSHI, SECRETARY GENERAL
Address	PVCHR COMMUNICATION,
	VARANASI , UTTAR PRADESH
Name of the Victim	MANOJ SALVE
Address	PUNE,
	PUNE , MAHARASHTRA
Place of Incident	VANRAI POLICE STATION GOREGAON
	MUMBAI , MAHARASHTRA
Date of Incident	10/26/2013
Direction issued by the Commission	The Commission took cognizance of the matter relating to death of one Manoj Shivnath Salve on 26.10.13 in the custody of Police of PS, Varrai, Goregaon(E), Mumbai. Accordingly reports were called from concerned authorities from time to time and examined by Investigation Division of the Commission. On consideration of various reports, the Commission vide its proceedings dated 02.05.18 inter alia observed and directed as under :- “The Commission has considered the report of the government as well as the comments of mother of the deceased. It is an admitted case and the government is willing to pay the amount that has been recommended by the Commission, and has sanctioned the amount of Rs. Five Lakhs vide its resolution dated 11.1.2015 for payment to the family of the deceased. However, on the one hand it is the stand of the DGP, Crime Branch, CID Mumbai that the mother of the deceased had refused to receive the said amount in view of the demand of payment of Rs. 50 Lakhs and job to one of the family member in the police department. On the other hand the mother of the deceased vide her comments wanted a sum of Rs. 50 lakhs as compensation and job in the police department to her daughter. In these circumstances, there is no bar at this stage for the mother of the deceased to receive a sum of Rs. Five Lakhs as recommended by the Commission. So far as the claim of the mother of the deceased for payment of 50 lakhs as compensation and a job for her daughter, it is observed that she can seek the remedy before the appropriate forum to claim the above benefits in addition to what the Commission had recommended and she is also requested to receive the said amount of Rs. Five lakhs besides to approach the competent forum for further relief. The copy of the order shall sent to the mother of the victim as well as to the DGP, Crime Branch, CID Mumbai for compliance. The government is directed to send the compliance report within six weeks.” Smt. Beena Sudhir Khichi, the mother of the victim vide communication dated 26.07.18 has submitted that compensation of Rs. Five Lakhs recommended by the Commission is not acceptable to her and prayed for compensation of Rs. Fifty Lakhs. However, no response has been received from the DGP, Crime Branch CID Mumbai. The Commission has considered the report. Sustaining the recommendations the matter is closed since the complainant is not inclined to receive an amount of Rs. Five Lakhs recommended by the Commission in spite of the Govt. was willing to pay the said amount. This proceeding shall be without prejudice to the right of the complainant to approach the appropriate court for claiming compensation amount of Rs. Fifty Lakhs and she is also at liberty to claim an amount of Rs. Five Lakhs from the State Govt. as recommended by the Commission. With these observations the matter stands closed.
Action Taken	Concluded and No Further Action Required (Dated 8/23/2018 )
Status on 10/24/2018	The Case is Closed.

   

---------- Forwarded message ---------
From: PVCHR Communication <cfr.pvchr@gmail.com>
Date: Mon, Oct 28, 2013 at 12:40 PM
Subject: Youth detained for theft dies in custody
To: covdnhrc <covdnhrc@nic.in>
Cc: jrlawnhrc <jrlawnhrc@hub.nic.in>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>

To, 

The Chairperson 

National Human Rights Commission 

New Delhi

Dear Sir, 

I want to bring in your kind attention towards the news published in Times of India regarding Youth detained for theft dies in custody
http://timesofindia.indiatimes.com/city/mumbai/Youth-detained-for-theft-dies-in-custody/articleshow/24794949.cms?cfmid=2000000

Youth detained for theft dies in custody

Nitasha Natu, TNN | Oct 28, 2013, 06.15 AM IST

MUMBAI: A 22-year-old youth, detained on suspicion of stealing a bag, died while being questioned at the Vanrai police station in Goregaon (E) on Saturday night.

The case will be treated as a custodial death though suspect Manoj Salve died before he could be formally arrested, the police said. Before handing them over to the police, residents had reportedly thrashed Salve, and his associate, Prakash Chavan after catching them in the act at the Nesco ground.

Salve was a Pune resident, while Chavan is from Solapur. On Saturday afternoon, the duo was raoming around at the Nesco ground where an exhibition was going on. "We have learnt that Salve and Chavan were trying to steal a bag and valuables when they were caught red-handed around 3pm. CCTV cameras there also captured their images,"

said DCP Pravinkumar Patil. Witnesses, who nabbed the two, beat them up before calling the security personnel at the ground. The guards took the two to the nearby Vanrai police station.

Even as some of the personnel started checking the CCTV images, other policemen questioned Salve and Chavan. The procedure for their arrests was going on when Salve reportedly complained of uneasiness and dizziness. The police rushed him to a hospital but there, he was pronounced dead.

"The autopsy report will reveal the exact cause of Salve's death. The report is awaited," Patil said. "The tehsildar conducted an inquest panchnama. The crime branch, which will investigate the matter, will record the statements of the police, witnesses and Chavan."

The crime branch will also check if Chavan and Salve had past crime records.

Therefore it is a kind request please take appropriate action at earliest.

Thanking You

Sincerely yours 

Lenin Raghuvanshi

Secretary General