New Delhi: The National Human Rights Commission (NHRC) has lashed out at the inspector general (IG) of prisons of the Gujarat Police for failing to submit the report of inquiry into the custodial death of a 30-year-old Dalit man in the Amreli Jail in Gujarat in 2017 despite repeated notices.

Section 176 of the Code of Criminal Procedure says that when any person dies in the custody of the police or in any other custody authorised by the magistrate or the court, in addition to the inquiry or investigation held by the police, another inquiry shall be held by the judicial or metropolitan magistrate.

Jignesh Sondarva (30), a resident of Dungar village in Amreli, was picked up by policemen of Dungar police station on July 12, 2017, for allegedly breaking the liquor prohibition law.

He was presented before the Rajula judicial magistrate who denied him bail and sent him to Amreli sub jail under judicial custody for three days.

He died under suspicious circumstances at the Amreli Civil Hospital on July 15, 2017. The post mortem report had stated that Sondarva died because of a head injury.

Sondarva's family had alleged that he died as a result of an assault by four fellow inmates. Later, an FIR was lodged against four inmates and they were arrested. The NHRC intervened in the matter after Kantilal Parmar, a Dalit activist, approached the commission.

“We demand Rs 1 crore compensation for the victim’s family and government job for his younger brother,” Parmar told the Indian Express.

In its summon notice, the commission said it is "pained at the callous, irresponsible and non-responsive attitude of the concerned authority". It said the IG of prisons and other authorities cannot escape from filing the requisite reports and once again directed them to furnish the requisite reports and documents in the case.

"These includes (1) complete medical treatment record, (2) Inquest Report, (3) Magisterial Enquiry Report, (4) VC/CD of post –mortem report, (5) Action Taken report on the Magisterial Enquiry report, (6) final outcome/status of departmental action or criminal proceedings against the offenders and (7) Health Screening report of victim at the time of entry in Jail and (8) final cause of death of the victim," the notice says.

The NHRC also reminded the authorities that they are bound to submit the action taken report regarding the allegations and grievances of the complainant under section 13 (2) of the Protection of Human Rights Act and that they are legally bound to furnish the required information within the meaning of section 176 and section 177 of the Indian Penal Code.

The NHRC has claimed that the IG (prisons) of Gujarat Police ignored its notices twice.

“The Commission vides its proceedings dated 11.07.2019 issued conditional summons to the Inspector General of Prisons, Prison Headquarters, Govt. of Gujarat, Gandhinagar to file the requisite report on or before 06.09.2019 failing which he was directed to appear in person before the Commission along with the report on 13.09.2019. In pursuant to the directions, Inspector General of Prisons, Prison Headquarters, Govt. of Gujarat, Gandhinagar did not file the requisite report, nor did he appear before the Commission on 13.09.2019(sic),” reads the NHRC notice

The officials, however, say that the magisterial inquiry is completed and the report already submitted.

Speaking to the Indian Express, Amreli collector Aayush Oak said that the chief judicial majistrate of  Amreli has completed the inquiry and submitted the report around ten days ago. He said he had forwarded it to the NHRC. "The principal district judge has also informed the NHRC that the inquiry report has been submitted,” he said.

“The inquiry in this regard is conducted by the court and final report has already been submitted," said SP Amreli Nirlipt Rai.

The NHRC has now summoned the IG (prisons) S.K. Gadhvi, Amreli collector Aayush Oak and Amreli SP Nirlipt Rai to appear before it on Tuesday at 11 am.

Notably, earlier this month the president of India gave assent to a controversial anti-terror law, the Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill, which makes custodial confessions legal and admissible as evidence. The Bill was passed by the state assembly in March 2015 and was waiting for assent from the president of India to become law.

There are concerns that the new law will be used to coerce confessions. It can be noted that over a 16-year period between 2001 and 2016, Gujarat was one of the five states where more than 100 custodial deaths were recorded. Despite 180 custodial deaths being recorded in Gujarat during this period, not a single policeman has been convicted.

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