On 5th of May, 2010 District Magistrate of Hajipur Mr. Minhaj Alam gave cheque of Rs. Two lakhs to Rita Devi, widow of Naresh Sah who died in jail in the year 2008. Also Rs. twenty thousand was given to Sunaina Devi who was victim of police harassment as per the order given by Human Rights Commission, Bihar on Nidan’s initiative in coordination with footpath vendors association and other Patna based civil society groups.
Order by Human Rights Commission
In the facts and circumstances of the case, the Commission is satisfied that a case of violation of human rights of the complainant as well as Naresh Sah is made out. 'Human rights' has been defined in the Protection of Human Rights Act to mean the rights relating to life, liberty, equality and dignity of the individual.
Forcibly taking away of litchis without paying the price, showing off police powers, filing false case leading to arrest of the complaint and others including Naresh Sah who finally succumbed to his ailments, he (Lakshman Yadav) made derogatory remark impinging on the modesty and therefore dignity of the complainant. Having regard to the ailments of Naresh Sah - considering the nature of the 'allegations against him it was hardly necessary to arrest him and if at all the police in their wisdom arrested him, he should have been taken to hospital for proper treatment.
It is clear that Traffic Havaldar Lakshman Yadav was the prime mover - Therefore it is a fit case in which disciplinary proceeding should be initiated against him after placing him under suspension so that he does not influence the course of the proceeding. Officials such as the Jail doctor/Superintendent, the Officer-in-Charge of Town P.S. who effected the arrest of Naresh Sah, also contributed to the death of Naresh Sah and therefore committed violation of human rights. It fit case in which suitable action is taken against them after enquiry.
As observed above, on account of in-custody death of Naresh Sah and his family members ought to be compensated. In the facts and circumstances, the Commission directs that a sum of Rs. two lakhs be paid to the next of kih within six weeks. Sum of Rs.20,OOO be also paid to the complainant Sunaina Devi for the indignity heaped on her by Lakshman Yadav and the amount be recovered from his salary.
The Commission would like to express anguish over the casual and insensitive approach of the then SP Vaishali for his failure to make/cause proper enquiry and take suitable action. Compliance report be submitted within eight weeks. Let copy of this order be sent to the Principal Secretary, Department of Home, Director General of Police, Bihar, IG Prisons Bihar and SP Vaishali for information and suitable action at their respective end. The complainant be also informed of the order.