शनिवार, 20 मई 2017

Fact-finding Report on " Ruthless Torture of an accused in Choudwar Jail of Odisha and order of OHRC for inquiry

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


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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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