Fact-finding
Report on “Inhuman and Ruthless Torture of an accused by Jail
staff in Choudwar Jail, Cuttack of Odisha
Background
On 17th May, 2017, there was news in Sambad
News paper about brutal attack on an accused in Choudwar jail and his
hospitalisation on S.C.B. Medical, Cuttack. The background story of the
incident which was published in Sambad is that on 9th May, at 11 PM the Malgodam police arrested Bapi
alia Saroj Das of Ranihata Dasa Sahi area of Cuttack town in a police case of
2002 incident in which Bapi was accused. He was produced before Court on
10.5.17 and forwarded to Choudwar Jail.
On 12.5.17., his wife Budhei Das visited to Jail to meet him but not
allowed. On 13.5.17, she was informed
about hospitalisation of her husband. She found her husband under unconscious
stage with multiple injuries throughout his body............................
Visit of the Team
Having been
perturbed over the news about such
inhuman and barbaric attack on a defenceless accused, a four-member Fact-finding Team of Civil
Society Group visited S.C.B. Medical, Cuttack on 19.5.17 at 1 PM
to ascertain the fact , reason of
torture from accused ‘s mouth and
treatment rendered to him, support, if any required for him in order to provide justice to him
and his family. The Team members were as follows.
A.
Pradip
Pradhan, Human Rights Activist & Advisor to National Human Rights Commission
on Right to Food. M-9937843482
B.
Sudhir
Mohanty, Advocate, M- 9861063290
C.
Khirod
Rout, Advocate, Odisha High Court, M-7504182372
D.
Debesh Das, Social Activist, M-9437020674
The Team was enlightened about treatment of accused Sri Saroj Das in Haematology
Dept. of S.C.B.Medical. Accordingly, the Team members reached in Ward No.2 of
Dept. and found Saroj lying on bed with
saline connection. His wife Budhei Das was standing beside the bed. The members
looked at the whole body and came across multiple injuries in his body. His
eyes are found yellowish. On query, her wife responded that he was suffering from jaundice even before
arrest. It was felt that this disease has got aggravated due to lack of proper
treatment of the accused in Jail. Then the Team members interacted with Saroj
to understand the reason of torture and merciless attack on him. He shared in
thundering tone that he was having no injury on his body prior to being referred to jail. On 12th May, his
wife met him at 5 pm and appraised him about a bag containing some clothes and
Rs. 100.00 given to Jail staff to hand over to him. After
his wife left, he asked Jail
staff for bag. While looking at bag,
100 rupees note was not found there.
Saroj, accused asked Jail staff about 100 rupees note. Finding no response, Saroj asked them
repeatedly to return the money. Being enraged they started beating him
mercilessly using very slang language. As he was suffering from acute jaundice,
he could not resist them and lost sense. Since then he does not have idea what happened
to him, He discovered himself in medical on 14th May when his sense
returned back. His wife Budhei said that her husband had no injury in his body when he was referred to jail. She alleged that the jail staff had
mercilessly beaten him up causing multiple injury throughout his body.
The team members verified medical documents and discussed with Dr. Umesh Patra, HoD, Haematology Department over telephone about health condition of accused. He said that
the patient was admitted under
unconscious stage. Now he has regained
his sense after two days of
treatment. He is suffering from multiple
disease like liver problem, jaundice and multiple injury. He also apprised the team
that it would take minimum 2 months for recovery of his body.
Analysis and Recommendations
It is observed during discussion with Saroj, his wife
and Hospital Doctor that apart from
suffering from jaundice, Saroj was
physically fit at the time of being
admitted in Jail. His wife also saw him fine at Choudwar jail on 12th
May’2017. The Team is of the view that the multiple injury
around body of Saroj Das proves that he has been systematically physically
tortured and beaten up by Warders of Choudwar jail. One of the reasons may be
his repeated persuasion to get Rs. 100.00 note given by his wife from Warder.
It has exposed untold story of life
of the accused inside Choudwar jail,
torture and inhuman behaviour by jail staff towards them. Ruthless and inhuman
torture on Saroj has crossed all the limits and posed serious threat to his
life. This is a glaring case of human rights violation in Choudwar jail and also
violation of article 21 of the Indian constitution.
In view of it, the Team demands and makes the
following recommendation to the State authorities in order to give justice to
the poor accused.
1.
Inspector
General of Prison, Govt. of Odisha should personally conduct an inquiry into alleged ruthless torture caused to Saroj Das inside Choudwar jail and take action accordingly in a time-bound
manner.
2.
As Saroj
Das is suffering from multiple disease, a team of doctors of different Department should be constituted to examine his health condition from time to
time. he should be provided adequate treatment for
recovery of his health at the earliest.
3.
As
Saroj was only bread-earner of the
family, the food security of his wife
and two children in jeopardy. Right to life guaranteed under Indian Constitution is threatened. They are starving. The District Collector
should take steps to ensure food security of the family.
Pradip Pradhan, Sudhir Mohanty,
Advocate,
Human Rights Activist &
Advisor to NHRC M- 9861063290
M-9937843482
Khirod Rout, Advocate, Odisha High Court, Debesh Das, Social Activist,
M-7504182372 M-9437020674
-------------------------------------------------------------------------------------------------------
To
The Acting
Chairman Date-20.5.17
Odisha Human Rights Commission
Toshali Bhawan
Satya Nagar
Bhubaneswar
Sub- Complaint
on “Inhuman and Ruthless Torture of an accused
by Jail staff in Choudwar Jail, Cuttack of Odisha”
Sir
We the following signatories
i.e., Human Rights Activists of the state
draw your kind attention about
abovementioned matter seeking your urgent action.
That, on
19.5.17, we had conducted a fact-finding enquiry into the
news published in Sambad news
paper about brutal attack and inhuman
torture on Saroj Das, an accused in Choudwar jail and his
hospitalisation on S.C.B. Medical, Cuttack. The incident is that on 9th
May, at 11 PM the Malgodam police
arrested Bapi alia Saroj Das of Ranihata Dasa Sahi area of Cuttack town in a
police case of 2002 incident in which Saroj was accused. He was produced before
Court on 10.5.17 and forwarded to Choudwar Jail. On 13.5.17, she was informed about
hospitalisation of her husband. She found her husband under unconscious stage
with multiple injuries throughout his body etc.
After going through the news, we had visited S.C.B.
Medical to ascertain the fact, reason of torture from accused‘s mouth and treatment rendered to him, support, if
any required for him in order to provide
justice to him and his family. ( the
report of the team is attached herewith for reference).
The Team observed that Saroj is having multiple
injuries across his body and could not speak and respond properly. His eyes are
found yellowish. On query, her wife responded that he was suffering from jaundice
before arrest. The team realised that this disease has got aggravated due to
lack of proper treatment of the accused in Jail. Then the Team members interacted
with Saroj to understand the reason of torture and merciless attack on him. He
shared in thundering tone that he was having no injury on his body prior to
being referred to jail. On 12th
May, his wife met him at 5 pm and appraised him about a bag containing some
clothes and Rs. 100.00 given to Jail staff to hand over to him. After
his wife left, he asked Jail staff for bag. While looking at bag, 100 rupees note was not found there. Saroj, accused asked Jail staff about 100 rupees note. Finding no response, Saroj asked them
repeatedly to return the money. Being enraged they started beating him
mercilessly using very slang language. As he was suffering from acute jaundice,
he could not resist them and lost sense. Since then he does not have idea what
happened to him, He discovered himself
in medical on 14th May when his
sense returned back. The team members verified medical
documents and discussed with Dr.
Umesh Patra, HoD, Haematology over telephone about health condition of accused. He said that
the patient was admitted under
unconscious. Now he have regained his
sense after two days of treatment. He is suffering from multiple disease like
liver problem, jaundice and multiple injury. He also apprised the team that it
would take minimum 2 months for recovery of his body.
It is a case of
gross violation of human rights of an accused.
He was physically tortured by
Jail staff with ulterior motive which is subject of investigation. His right to life guaranteed under the
constitution has been violated. The Superintendent of Choudwar jail has not followed Jail Manual and failed to protect the accused. As his
physical condition got deteriorated,
he was referred to S.C.B. Medical.
It is proved the jail
authority also patronises such type of torture and physical attack on accused inside jail.
So, we request the Commission to issue
the following direction to the state Govt. in order to give justice
to the accused.
I.
Issue
direction to Inspector General of
Prison, Govt. of Odisha to immediately enquire
into allegation of ruthless torture caused to Saroj Das inside Choudwar
jail and produce the report along with
action taken within 7 days.
1.
As
Saroj Das is suffering from multiple
disease, direction to be issued to Superintendent, S.C.B. Medical,
Cuttack to appoint a team of doctors of
different Department to
examine his health condition from time to time and provide adequate treatment for recovery of
his health at the earliest.
2.
As
Saroj was only bread-earner of the
family, the food security of his wife
and two children in jeopardy. Right to life guaranteed under Indian Constitution is threatened. They are starving. The District Collector
should be directed to ensure food security of the family.
Pradip Pradhan, Sudhir
Mohanty, Advocate,
Human Rights Activist &
Advisor to NHRC M-
9861063290
Plot No-D-27, Maitree
Vihar,Post-Rail Vihar
Bhubaneswar-751023
M-9937843482
Khirod Rout, Advocate, Odisha High Court,
M-7504182372
--------------------------------------------------------------------------------------------------------
Case No.2807 of 2017 Date
: 20.05.2017
Today, Shri
Sudhir Mohanty, Advocate, Shri Khirod Rout, Advocate, Odisha High Curt and Shri
Pradip Pradhan, HAR and Advisor to NHRC, New Delhi appeared before the
Commission and submitted a petition alleging unleashing of inhuman and ruthless
torture on UPT namely; Saroj Das in the Circle Jail, Choudwar, Cuttack
district.
The above
mentioned petitioners had conducted a fact-finding enquiry into the news
published in ‘The Sambad’ on 17.5.2017 about the brutal attack and inhuman
torture made on Saroj Das, an UTP of Circle Jail, Choudwar and his
hospitalisation in the SCB Medical College & Hospital, Cuttack. The fact-finding team during its visit to the
SCB Medical College & Hospital, Cuttack observed that Saroj Das is
having multiple injuries across his body
and is not able to speak and respond properly. Apparently, when Saroj Das asked
the Jail staff to give him a 100-rupee note which his wife had given to a
particular Jail staff to give to him, he neither got his money nor any response
from them and ultimately, the Jail staff being enraged over the issue started
beating up Saroj Das mercilessly which necessitated his hospitalisation.
The
petitioners pray for issuing necessary
direction to the I.G. of Prisons, Odisha to immediately cause an enquiry into
the incident and submit his report within seven days. The petitioner also prays
for providing the best possible treatment to Saroj Das in the Medical College
& Hospital, Cuttack for his speedy recovery and at the same time, the
District Magistrate & Collector be directed to provide food security
coverage to the family of Saroj Das as he is the only bread winner of his
family.
The
Commission while viewing the matter seriously directs that Addl. DGP-cum-I.G.
of Prisons, Odisha, Bhubaneswar to cause an enquiry into the matter himself and
submit a report to the Commission within seven days hence.
At the same
time, the I.G. of Police, Central Range, Cuttack is also directed to
conduct an enquiry as to how the UTP
Saroj Das sustained so many bodily injuries which are serious in nature while
being lodged in the Circle Jail, Choudwar. It is alleged by the petitioners
that the said prisoner was beaten up mercilessly by the Jail Staff of the
Circle Jail, Choudwar.
The
Superintendent, SCB Medical College & Hospital, Cuttack is also directed to
provide all possible treatment to the patient and the cost of his treatment be
met out of the Odisha State Treartment Fund.
He is also directed to produce all the treatment papers including the
injury report of the UTP Saroj Das for perusal of the Commission.
The aforesaid
authorities are requested to furnish their respective reports to the Commission
within seven days hence.
Put up on 2.6.17.
JUSTICE B.K.MISRA
ACTING
CHAIRPERSON
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