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Thursday, Sep 23, 2004

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NHRC notice to Bihar on custodial death

By J. Venkatesan

NEW DELHI, SEPT. 22. The National Human Rights Commission has issued notice to the Chief Secretary and Director General of Police, Bihar Government to show cause within four weeks why the Commission should not recommend interim relief to the next of kin of Ram Udit Narayan Singh, who died while in the custody of police at Manjhol police outpost in Begusarai district, Bihar.

The death of Ram Udit Narayan Singh, who was arrested in April 1999 in a criminal case by the police was reported to the Commission by the District Magistrate, Begusarai, who stated that Ram Udit Narayan Singh had committed suicide by hanging while in police custody.

The Commission called for the requisite reports from the Home Secretary, Bihar and the inquest and post-mortem report were received. The Commission observed that in the present case, medical evidence belies the police assertion that the deceased died by hanging himself. The presence of 11 external injuries and a post-mortem ligature mark undoubtedly show the barbaric attitude of the police and a crude attempt to create false evidence so as to screen the offence.

It also observed that the Commission had always maintained that convicts, prisoners or undertrials were not denuded of their fundamental rights under Article 21 of the Constitution and it was only such restrictions, as were permitted by law, which could be imposed on the enjoyment of the fundamental right by such persons. The Commission has, therefore, directed that the death of Ram Udit Narayan Singh while in police custody was a fit case for award of interim relief to the next of kin and sought Bihar government's response.

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NHRC notice to Bihar on custodial death