| These proceedings are in continuation of the earlier proceedings of the Commission dated 19.09.2024. The Complainant states that the victim is a farmer and during lockdown, the police has beaten the victim badly which caused death to the victim. The Commission vide proceeding dated 30.06.2023 had directed to send the file to the Investigation Division for analysis and submission of its recommendation to the Commission. Pursuant to the direction of the Commission, the Investigation Division submitted its findings and following conclusion: “…2. This case is related to a complaint based on a newspaper report received from an HRD alleging that a 50 years old farmer who allegedly returned from his farm on the night of 16/04/2020 was beaten up by the Police personnel in Jabalpur Dist of Madhya Pradesh during lockdown and later he succumbed to his injuries. The complainant has prayed for the intervention of the NHRC in the matter and action against the involved Police personnel. "3. He was afterwards admitted to a private hospital at Jabalpur on 19/04/2020 upon deterioration of his condition when he developed a complaint of bleeding per rectum. He died on 20.04.20. No MLC was made in this case.
"4. Pursuant to the direction of the Commission, a report has been received from the ADGP, MP which reveals that eight Police personnel including one ASI of PS Gorabazar were placed under suspension in connection with the incident. Disciplinary action was taken against them as the ASI was fined Rs. 2000/- and others were awarded the punishment of 'censure' for the charge of not informing the incident Station-in-Charge and not recording the incident in the PS diary. "5. A UD case no. 11/2020 u/s 174 CrPC was registered on the death PS Gorabazar and the matter is pending investigation. "6. According to the PMR, 11 diffused bluish bruises of different sizes were found on the right & left calf, back of right & left thigh, left & right buttock, left shoulder, left wrist joint, back of right hand, left elbow joint and right forearm of the deceased. The cause of death was shock due to evidence of disease present in the lungs, liver, and kidneys and evidence of injuries to limbs present, which are produced by hard and blunt objects. However, it was opined that the manner of causation of these injuries cannot be given because liver disease can increase bleeding tendency. The viscera was found negative for poison. "7. The enquiry was conducted by an Executive Magistrate. The family members of the deceased were associated with the enquiry. The enquiry Magistrate held that the cause of death of the deceased was due to excessive bleeding from the anus and the deceased was suffering from liver, lung & kidney diseases. Further, he opined that the deceased died due to illness and not due to assault. Therefore, no police officer was responsible for the death of the deceased. "8. The Commission vide proceedings dated 30.06.2023, has directed to obtain expert medical opinion on the panel of the Commission with regard to physical torture and cause of death besides seeking comments of the victim's family members and the complainant on the Police report and present status of case No. 11/2020 u/s 174 CrPC of PS Gorabazar from the SP, Jabalpur, MP. However, the comment of the complainant and the status of case No. 11/2020 has not been received. "9. The case file was placed before the forensic expert on the panel of NHRC, who after considering the available documents on record opined that:- “A male dying within 4 days of alleged torture having massive and multiple fresh antemortem injuries all over the body (11 in number) needs thorough investigation from various angles. The findings as mentioned in the PM report point towards unnatural death, as collectively these injuries are sufficient to cause death in the ordinary course of nature. It prima facie indicates massive physical torture as the immediate cause of death, which could have been hastened by underlying disease of organs (although not substantiated by HPE of viscera).” The Investigation Division had recommended the Commission for issuance of show cause notice to the Govt. of Madhya Pradesh and also suitable legal/ departmental action against the errant police official in this matter. The Commission considered the material placed on record including recommendation of the Investigation Division of the Commission. This case is related to death of a 50-year-old farmer who was allegedly beaten up by the Police personnel in Jabalpur and later he succumbed to his injuries. The PMR revealed rigor mortis was present, rectal bleeding and 11 antemortem injuries. The Commission has directed to obtain expert medical opinion on the panel of the Commission with regard to physical torture and cause of death and the forensic expert opined that the “…PM report point towards the unnatural death, as collectively these injuries are sufficient to cause death in the ordinary course of nature. It prima facie indicates massive physical torture as the immediate cause of death, which could have been hastened by underlying disease of organs (although not substantiated by HPE of viscera).” All these facts which are on record, clearly indicate that the deceased received the injuries while he was in the police custody of Gorabazar PS, Jabalpur, resulting violation of human rights of victim for which state is vicarious liable in this case. Therefore, the Commission vide proceedings dated 19.09.2024 issued Show Cause notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt. of Madhya Pradesh through its Chief Secretary, as to why Commission should not recommend a compensation of Rs. 7,00,000/- (Rs. Seven Lakh only) to the NoK of deceased victim Sh. Bansi Kushwaha, within 6 weeks. If no response is received within six weeks, it will be presumed that the Govt. of Madhya Pradesh has nothing to urge in the matter and the Commission shall proceed accordingly. Further, the Director General of Police, Madhya Pradesh, was also directed to ensure suitable legal/ departmental action against the errant police official in this matter and submit action taken report within six weeks. He is further directed to submit a detail report regarding CCTV cameras in Golabazar PS, Jabalpur in compliance of the direction of the Hon'ble Supreme Court in judgement dated 2.12.2020 in the Paramvir Singh Saini case, which mandated installation of CCTV camera in every room and corner of the PS and also retention of footage of CCTVs in PS for at least a year (refer para 15, 16, 17 and 18). The requisite report/reply has not been submitted to the Commission so far. Issue final reminder to the Chief Secretary, Govt. of MP and DGP, MP to submit the requisite report/reply to the Commission within 04 weeks positively failing which the Commission shall presume that the State Govt has nothing to urge in the matter, has no objection in grant of the said compensation to the NOK of the deceased and thus the Commission shall decide the case on merits, not only with regard to compensation, but also with regard to the disciplinary action against the erring officers. | 
