Dated: 5th June 2013
Karnataka State Human Rights Commission
4th Floor, 5th Phase,
M.S.Building, Bangalore- 560001
Dear Madam / Sir,
Subject: Complaint of Judicial Death of Naveen Poojari (43), under trial in Mangalore.
The Prajavani and Vijaya Karnataka dated June 5th 2013; report in their columns the information of the death of Naveen Poojari aged 43years old cooly resident of Kumpal Ashraya Colony in Mangalore while he was in judicial custody at the Sub-jail.
An under-trial, Naveen Poojari was picked up the Ullal Police on 20th May 2013 when he was found allegedly suspiciously moving about in the night. It is stated, that on 1st of June he had fever and was given treatment and did not find any thing serious. On Monday, he was produced at the court and on Tuesday he was not in a position to have breakfast and two other under-trials were also unwell. By afternoon, Naveen’s condition turned very serious and died en-route being moved to Wenlock Hospital.
The paper further reports that the family had not been informed of his arrest and being jailed and only after his death were they informed.
We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances, especially;
- To look into the exact causes of the death,
- The functions and the maintenance of the prison,
- Whether there are medical personnel & facilities available for treatment at the jail?
- Whether there was a failure on part of the jail personnel, doctors in the treatment?
- To Specifically to look into the allegations of the violations of the Guidelines laid down by the Honorable Supreme Court of India in D.K.Basu vs. State Of West Bengal and the guidelines laid down by the NHRC/SHRC on :
- A). To find out who were the police personnel who handled the interrogation and arrest of Naveen, If, the memo of arrest was prepared, with time and date of arrest and who was the family member or the respectable person of the locality who attested the arrest memo? And, if it was counter signed by Naveen?
- B). If the police have informed Naveen, that he had a right and could inform a relative, friend or well-wisher as soon as possible, of the arrest and the place of detention or custody. If, yes? Who is the friend and how did they send the information to the family or relatives?, which is to be notified by police within 8 to 12 hours after arrest by a telegram/ through the District Legal Aid Authority and the concerned police station.
- C).If, an entry has been made in the Station Diary about the arrest, name of the person informed and name and particulars of the police in whose custody he was?
- D).If, Naveen had access to exercise his right of meeting a lawyer during the interrogation? If, yes, who was he and what happened?
- E).If the arresting officer has informed the police control room within 12 hours the information regarding the arrest and the place of custody?
- To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered & followed ?
- To inquire,if the guidelines laid by NHRC, as per letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?
- To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.
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