NEW DELHI: Policemen responsible for custodial deaths may soon be left with gaping holes in their pockets. The National Human Rights Commissions considering the idea of re~ covering compensation for custodial deaths from the officials concerned.

“The idea is being discussed but we are yet to reach a decision,” says NHRC secretary R.V. Pillai. “It’s a good idea but will have a demoralizing effect on the force, Third degree methods are used to extract information from criminals. Policemen don’t get any sadistic pleasure out of it,” says an Indian Police Service officer, requesting anonymity. But an additional commissioner in ‘Delhi Police, Maxwell Pereira, disagrees. “Policemen don’t commit any human nights” violation in their official purview. So the question of de moralizations doesn’t arise,” he says. NHRC feels accountability will lessen state exchequer’s burden of paying compensation on account of “unauthorized, unlawful and illegal acts” of public servants.

In a meeting with the police officers from various states last September, NHRC chairperson Justice Ranganath Mishra had asked the nodal officers to convey the message toll concerned.

The NHRG, in three recent cases, has already suggested to the state governments to do so by referring to a Supreme Court order in which the court had directed such recovery from the erring official in a custody death case. The letter of compliance from the states, however, is yet to reach the commission.

In Rajasthan, an “adivasi,” Teja Ram Bhil, was detained for two days at the Balser police station on August 20 last year without being produced before a magistrate, His body was found in a well after two days. In an FIR lodged by the victim’s brother later, it was alleged that Teja Ram was killed by the police on August21.

The police, however, maintained Teja Ram had jumped into the well, having lost his mental balance due to a thrashing at the police station. The NHRC didn’t find the story cogent enough to be accepted. It was of the view that the police station head and ahead constable be put on trial for the offence.

The commission also recommended a compensation of Rs 20,000 for the next of kin of the deceased, It suggested the liability for compensation be fixed on the police officials.

Similarly, in the case of ¢ deaths in Tamil Nadu and Orissa, the commission recommended recovering the compensation from the erring, police officers.

Article extracted from this publication >>  October 27, 1995