Skip to main content

NHRC's 'unconditional' summon to Gujarat jail authorities on Amreli custodial death

Jigneshbhai Sondarva
By A Representative
The National Human Rights Commission (NHRC), taking what it calls “a very serious view” , has issued “unconditional summons” to the Inspector General (IG) of Prisons, Government of Gujarat, to appear before the NHRC on November 8, 2019 at 11.00 am, for hearing on the mysterious custodial death of Jigneshbhai Sondarva, who belonged to Dungar village and was aged 30, in Amreli jail in June 2017.
Also issuing unconditional summons to the district magistrate, the superintendent of police, and the superintendent jail, Amreli district, an NHRC notice dated September 26, 2019, said, previously, on July 11, 2019, it had issued “conditional summons” to these officials to file a report on or before September 6, 2019 regarding the action taken against those accused of causing the custodial death.
As this was not done, the IG of Prisons, Gujarat, was asked to appear in person before the Commission along with the action taken report on September 13, 2019. However, says NHRC, the IG of Prisons “did not file the requisite report, nor did he appear before the Commission on September 13, 2019, but sent across a letter dated August 14, 2019 filed by the principal district judge, Amreli, informing that an magisterial enquiry under section 176 CrPC on the custodial death was is pending under chief judicial magistrate, Amreli, AH Makrani.”
Issuing the notice, NHRC said, the IG of Prisons and other authorities “cannot escape from filing the requisite reports and they are directed to furnish the requisite reports and documents in the death case of inmate of the district jail Amreli”, even as accusing them of “callous, irresponsible and non-responsive” attitude.
The reports sought included (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, (7) health screening report of the victim at the time of entry in jail and (8) final cause of death of the victim.
Sondarva's younger brother and mother
NHRC said, the “concerned authorities 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, 1993, and they are legally bound to furnish the required information.” It added, “non-action and inaction in the matter” would be deemed to mean that these officials “have further violated the human rights of the victim/complainant”.
Providing details of the case on the basis of the complainant filed by Kantilal Parmar, an Amreli-based human rights activist, NHRC said, Sondarva was arrested on June 12, 2017 by the Dungar Police Station in a case of violation of Prohibition Act (alcohol) and was presented before the Rajula Judicial Magistrate First Class (JMFC), where he was denied bail.
Sondarva was kept in Amreli sub-jail under judicial custody, and till this point, the victim was healthy and fit. But “inside the jail, he was beaten up by the inmates and the police. This is alleged by the relatives of the deceased. His arrest had not been informed to his relatives.”
“Even when he became unconscious, due to being thrashed and his head being smashed against the wall and was admitted to Amreli Civil Hospital, his relatives were not informed. Only after his death, his relatives were informed on June 15, 2017”, the complaint was quoted as saying.
“The authorities are trying to pass it off as death due to fits but the post-mortem report states injury to the head as cause of death. FIR has been lodged against four inmates and they have been arrested from the jail”, NHRC notes.

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.