Complaint filed with NHRC about ongoing unaccounted deaths of prisoners in Bihar
Note: The hard copy of complaint letter has also been submitted to the NHRC and the case no. and receipt from the NHRC has been received.
To
Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi - 110023
Date: March 27, 2014
Subject- Ongoing unaccounted deaths of prisoners in Bihar
Sir,
This is to draw your kind attention towards the tragic deaths of prisoners
in Bihar. In a disclosure due to RTI it has come to light that following
prisoners from Beur jail have died in 21 months from January 2012 to
September 2013:
1. Bhagwan Ram died on January 5, 2012
2. Vinay Kumar Sinha died on 28 March 2012
3. Rajesh Yadav alias Pintu died on April 26, 2012
4. Suresh Rai died on 2 May, 2012
5. Jattu Kumar died on 2 June, 2012
6. Sudhir Kumar alias Pradeeep Ghos died on 11 July, 2012
7. Nagendra alias Naresh Singh died on 13 August, 2012
8. Girija Singh
9. Ramlal Sharma died on 24 September, 2012
10. Sohan Paswan died on 4 October, 2012
11. Kamlesh Kumar Singh died on 4 November, 2012
12. Uday Rai died on 10 January, 2013
13. Valmiki Sonar died on 30 January, 2013
14. Talkeshwar Ojha died on 26 March, 2013
15. Pintu Singh died on 20 April, 2013
16. Sahdev Mahto died on 24 April, 2013
17. Rakesh Thakur died on 13 September, 2013
I submit that jail officials have claimed that these prisoners died in the
Patna Medical College and Hospital (PMCH). But PMCH officials refuse this
claim stating that no prisoner from Beur jail had died in PMCH. This
scandalous information has been gathered by Ravish Kumar of Patna district.
Prabhat Khabar published this big story on its front page on March 18,
2014. Bihar Human Rights Commission is likely to issue notice in the
matter. Meanwhile, Nitish Kumar took cognisance of the news report and
sought a report and got it within a day. The report has not been made
public as yet.
I submit that Bihar has 56 jails at present that includes 8 central jails,
31 district jails and 17 sub-jails. These jails have capacity to house
33119 prisoners. RTI applications in these jails is likely to reveal
similar cases of unaccounted deaths.
I submit that Bihar government had approved new jail manual on 11 December
2012 which has provision for elaborate computer generated record of inmates
including their voice samples, replacing the existing 88-year-old prison
guidelines formulated in 1924. These guidelines have not been followed.
I submit that earlier, a complaint case was filed in a local court against
the Beur prison's jailer and jail superintendent in connection with the
death of an undertrial inmate under mysterious circumstances on May 28,
2011. Quoting the jail superintendent as having informed him on telephone
on May 28, 2011 that his relative lodged in Beur jail had consumed poisoned
and was admitted in the PMCH for treatment, the complainant urged the court
to take cognizance of the matter and order a probe as to how and from where
the poisonous substance had reached the jail premise.
In the complaint case filed by the deceased inmate Mithilesh Singh's cousin
Sudhir Singh, the jailer and the jail superintendent of the Beur prison
have been charged with sections 302 (punishment for murder), 120
(B)(punishment of criminal conspiracy and 34 (acts done by several persons
in furtherance of common intention) of the IPC for allegedly causing mental
and physical torture to the undertrial at the behest of some criminals
lodged in the jail. The Chief Judicial Magistrate (CJM) Surendra Prasad
Singh had admitted the complaint case and transferred the same to the
Judicial Magistrate Namita Chandra. This was reported by PTI on May 31,
2011.
I submit that prior to this Patna High Court on April 26, 2011 ordered the
Bihar government to pay a compensation of Rs 2.5 lakh to a woman whose
husband died while in custody in Beur jail. Justice V. N. Singh passed the
order on a petition filed by Premsheela Devi seeking compensation for the
death of her husband Sunil Kumar in Beur Jail due to medical negligence.
The Court directed the State government to pay the compensation to the
petitioner within 60 days of its order. The judge upheld the petitioner's
contention that her husband had died in Beur Jail on December 1, 2000, due
to medical negligence on the part of the jail authorities. According to
prosecution, Kumar was arrested by Kankarbagh police in connection with a
robbery case in 1997 and lodged in Beur jail where he contracted
tuberculosis as diagnosed on April 16, 2000. The Beur jail authorities
provided medical treatment to the undertrial, but his condition continued
to worsen following which the doctors referred him to the PMCH, vide their
letter dated November 12, 2000.However, the jail authorities could not take
Kumar to the PMCH for unspecified reasons and he succumbed to the ailment
on December 1, 2000, in the jail. This was reported by PTI on April 27,
2011.
I submit that the deaths between January 2012 to September 2013 underline
that nothing has changed in Bihar jails. The RTI replies of Beur jail and
PMCH are annexed.
In view of the above, I seek Commission's urgent intervention to address
the issue of prisoners' rights.
Thanking You
Yours faithfully
(Gopal Krishna)
Citizens Forum for Civil Liberties (CFCL)
A-124/6, First Floor, Katwaria Sarai,
New Delhi 110 016
Phone: +91-11-26517814
Fax: +91-11-26517814
Mb: 09818089660, 08227816731
E-mail:gopalkrishna1715@gmail.com
To
Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi - 110023
Date: March 27, 2014
Subject- Ongoing unaccounted deaths of prisoners in Bihar
Sir,
This is to draw your kind attention towards the tragic deaths of prisoners
in Bihar. In a disclosure due to RTI it has come to light that following
prisoners from Beur jail have died in 21 months from January 2012 to
September 2013:
1. Bhagwan Ram died on January 5, 2012
2. Vinay Kumar Sinha died on 28 March 2012
3. Rajesh Yadav alias Pintu died on April 26, 2012
4. Suresh Rai died on 2 May, 2012
5. Jattu Kumar died on 2 June, 2012
6. Sudhir Kumar alias Pradeeep Ghos died on 11 July, 2012
7. Nagendra alias Naresh Singh died on 13 August, 2012
8. Girija Singh
9. Ramlal Sharma died on 24 September, 2012
10. Sohan Paswan died on 4 October, 2012
11. Kamlesh Kumar Singh died on 4 November, 2012
12. Uday Rai died on 10 January, 2013
13. Valmiki Sonar died on 30 January, 2013
14. Talkeshwar Ojha died on 26 March, 2013
15. Pintu Singh died on 20 April, 2013
16. Sahdev Mahto died on 24 April, 2013
17. Rakesh Thakur died on 13 September, 2013
I submit that jail officials have claimed that these prisoners died in the
Patna Medical College and Hospital (PMCH). But PMCH officials refuse this
claim stating that no prisoner from Beur jail had died in PMCH. This
scandalous information has been gathered by Ravish Kumar of Patna district.
Prabhat Khabar published this big story on its front page on March 18,
2014. Bihar Human Rights Commission is likely to issue notice in the
matter. Meanwhile, Nitish Kumar took cognisance of the news report and
sought a report and got it within a day. The report has not been made
public as yet.
I submit that Bihar has 56 jails at present that includes 8 central jails,
31 district jails and 17 sub-jails. These jails have capacity to house
33119 prisoners. RTI applications in these jails is likely to reveal
similar cases of unaccounted deaths.
I submit that Bihar government had approved new jail manual on 11 December
2012 which has provision for elaborate computer generated record of inmates
including their voice samples, replacing the existing 88-year-old prison
guidelines formulated in 1924. These guidelines have not been followed.
I submit that earlier, a complaint case was filed in a local court against
the Beur prison's jailer and jail superintendent in connection with the
death of an undertrial inmate under mysterious circumstances on May 28,
2011. Quoting the jail superintendent as having informed him on telephone
on May 28, 2011 that his relative lodged in Beur jail had consumed poisoned
and was admitted in the PMCH for treatment, the complainant urged the court
to take cognizance of the matter and order a probe as to how and from where
the poisonous substance had reached the jail premise.
In the complaint case filed by the deceased inmate Mithilesh Singh's cousin
Sudhir Singh, the jailer and the jail superintendent of the Beur prison
have been charged with sections 302 (punishment for murder), 120
(B)(punishment of criminal conspiracy and 34 (acts done by several persons
in furtherance of common intention) of the IPC for allegedly causing mental
and physical torture to the undertrial at the behest of some criminals
lodged in the jail. The Chief Judicial Magistrate (CJM) Surendra Prasad
Singh had admitted the complaint case and transferred the same to the
Judicial Magistrate Namita Chandra. This was reported by PTI on May 31,
2011.
I submit that prior to this Patna High Court on April 26, 2011 ordered the
Bihar government to pay a compensation of Rs 2.5 lakh to a woman whose
husband died while in custody in Beur jail. Justice V. N. Singh passed the
order on a petition filed by Premsheela Devi seeking compensation for the
death of her husband Sunil Kumar in Beur Jail due to medical negligence.
The Court directed the State government to pay the compensation to the
petitioner within 60 days of its order. The judge upheld the petitioner's
contention that her husband had died in Beur Jail on December 1, 2000, due
to medical negligence on the part of the jail authorities. According to
prosecution, Kumar was arrested by Kankarbagh police in connection with a
robbery case in 1997 and lodged in Beur jail where he contracted
tuberculosis as diagnosed on April 16, 2000. The Beur jail authorities
provided medical treatment to the undertrial, but his condition continued
to worsen following which the doctors referred him to the PMCH, vide their
letter dated November 12, 2000.However, the jail authorities could not take
Kumar to the PMCH for unspecified reasons and he succumbed to the ailment
on December 1, 2000, in the jail. This was reported by PTI on April 27,
2011.
I submit that the deaths between January 2012 to September 2013 underline
that nothing has changed in Bihar jails. The RTI replies of Beur jail and
PMCH are annexed.
In view of the above, I seek Commission's urgent intervention to address
the issue of prisoners' rights.
Thanking You
Yours faithfully
(Gopal Krishna)
Citizens Forum for Civil Liberties (CFCL)
A-124/6, First Floor, Katwaria Sarai,
New Delhi 110 016
Phone: +91-11-26517814
Fax: +91-11-26517814
Mb: 09818089660, 08227816731
E-mail:gopalkrishna1715@gmail.com
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