Bagdiram vs Central Bureau Of Investigation And Others

Vivek Rusia, J

This petition has been filed by the petitioner seeking registration of F.I.R. against respondent No. 9 to 12, compensation of Rs.1 crore and suspension & disciplinary action against the respondent No. 9. According to the petitioner, his son Bheru was convicted vide judgment dated 26.11.2019 in Special S.T. No.18/2020 and sentenced to undergo for 11 years. He was undergoing his jail sentence in District Jail, Dhar. On 27.02.2023, he was brutally beaten by respondent No. 9 to 12 and other jail prisoners. He suffered grevious injury, resulting into death. The Petitioner submitted photographs of dead body to show that he was brutally beaten in the jail. Hence, present petition has been filed seeking registration of F.I.R. against culprits disciplinary action.

Learned Government Advocate are appearing on behalf of the respondents submits that the petitioner is having remedy to get compensation from Human Rights Commission in order to claim compensation. It is further submitted by Government Advocate for the respondents that State has framed policy for payment of compensation on account of death of prisoner. Therefore, the petitioner is having efficacious remedy under which he can get compensation.

The State of Madhya Pradesh through Jail Department has taken a decision in its meeting dated 31.01.2023 and circulated vide letter dated 03.03.2023 which is reproduced below :-

Apart from that National Human Rights Commission vide proceeding dated 09.02.2022 has forwarded a policy framed by Haryana Government for payment of compensation on account of death of prisoner in the jail and requested various State Governments / Union Territories to follow the said policy. A copy of the proceeding dated 09.02.2022 are reproduced below :-

POLICY FOR PAYMENT OF CMPENSATION ONACCOUNT OF DEATH OF PRISIONERS

Date : 09th February,2022

PROCEEDINGS

Haryana Government (Jail Department), vide Notification No. 36/89/2019-1JJ-II dated 29.06.2021 has framed a policy for payment of conpensation on account of death of prisoners confined in the jails of Haryana. The content of the said notification is extracted below:-

“No.36/89/2019-1JJ-II-The Governor of Haryana is pleased to formulate this policy for payment of compensation on account of death of prisoners confined in the jails of Haryana.

Compensation will not be admissible in cases of natural deaths including due to illness.

Compensation will also not be admissible in the following cases of unnatural deaths:-

(i) If the death occurs during escape from jails or from lawful custody outside the jails.

(ii) If the death occurs due to any natural disaster/calamity.

Compensation will be paid to the next of kin or legal heirs of prisoners on account of unnatural deaths, in the following cases :-

Dignitaries

i. Due to quarrel amount prisoners } Rs.7.5 lakhs

ii. Due to torture/beating by prison staff }

iii. Due to negligence in duty by prison } Rs.5 lakhs

Officers/officials }

iv. Due to negligence by Medical officers/ }

Para medical }

v. Due to suicide committed by prisoners }

The Superintendent Jail concerned shall send detailed report along with copy of the magisterial enquiry report, postmortem report, final cause of death, medical history at the time of admission in jail and details of medical treatment, if any, given to the prisoner prior to his custodial death, to the Director Genearl of Prisons, Haryana, for onward submission to the State Government for grant of appropriate compensation, as per the provision of Para-4 above.

This policy shall be applicable, as admissible, in respect of prisoners who suffer unnatural deaths in the jails of Haryana on or after the date of notification of this policy.

Secretary/Special Secretary, Home shall be authorized to sanction the above said compensation.

Rajeev Arora

Additional Chief Secretary to Government of Haryana,

Jails Department”

The issue was deliberated upon by the Commission and considering thhe prevailing value of the money, the aforesaid notification appears to be appropriate compensation to be awarded in such cases by the State Government besides other similar liabilities which may be enforced in accordance with law. We request the various State Governments/UTs bring such a policy as framed by the State of Haryana vide Notification dated 29.06.2021 by quantifying compensation on account of death of prisoners confined in jails either by fixing same amount of compensation or any other amount of compensation to be fixed by the States.

The Commission should also follow the same yardstick for the time being while recommending payment of compensation in such cases.

Copy of the proceedings may also be forwarded to Chairperson/Acting Chairpersons/Members of various State Human Right Commissions for information.

The Chief Secretaries of the State Governments/Union Territories shall confirm such policy to the Commission within three months.

In view of the above, the petition is disposed off with a liberty to the petitioner to approach Human Rights Commission to claim compensation and direction for disciplinary as well as panel action against the culprits.

Certified Copy as per rules.