E/CN.4/1995/34 page 66 the ends of justice might be defeated or suffer by such access. While denials of access to relatives may have occurred, it is incorrect that such denial is routine or standard. 347. The warrantless arrest provision in Maharashtra still requires the arrested person to be brought before a magistrate within 24 hours and again after 15 days. Persons held under TADA, temporary legislation subject to biennial parliamentary review, must also be brought before a magistrate within 24 hours of arrest and the maximum period of remand has been reduced from one year to 180 days, after which bail is a statutory entitlement. Bail is available at all times upon application and 80 per cent of detainees have been granted bail. TADA was being reviewed by committees at the central level and in the States where it has been invoked, and the registration of cases and prosecutions under the act now requires specific approval at a high level. 348. The Special Rapporteur transmitted to the Government the cases of alleged custodial death resulting from torture which are summarized in the following paragraphs. Where the Government has provided replies, they are also summarized. 349. Madan Lal, from Pandav Nagar, West Delhi, was arrested on 29 November 1993, allegedly beaten at the police station, and declared dead on arrival two hours later at Deen Dayal Upadhaya Hospital. A post-mortem found no external injuries, but his brother had observed marks on his back. The three constables who had arrested him and the Assistant Superintendent of Patel Nagar police station were reportedly suspended. In June 1994 the NHRC recommended that interim compensation be paid to Madan Lal’s dependents and that investigations be conducted by an additional and sessions magistrate and the Central Bureau of Investigation (CBI). The investigating additional and sessions magistrate concluded that Madan Lal had died of injuries sustained while in police custody. The result of the CBI investigation was unknown. 350. Gyani Ram, from Karamgarh village, Narwana, Jind district, was arrested by police from City police station, Narwana, on suspicion of selling drugs. Although no drugs were found in his possession, he was taken to the police station. He died in the Government Hospital, Narwana, on 9 November 1993 after having made a statement alleging that he had been beaten by a constable and a cook from the police station. The police were said to maintain that Gyani Ram had taken tablets which poisoned him. An investigation was said to have been carried out by the Station House Officer (SHO) of the City police station and the constable and the cook were charged with murder. The Government informed the Special Rapporteur that the accused constable and cook had been released on bail and were facing trial before the district and session judge. 351. Babu, alias Iqbal, from Bangalore, Karnataka, was arrested by police in early July 1993 and taken to a lock-up in Bangalore city. He was pronounced dead at the City Hospital in Bangalore on 11 July 1993, having allegedly been tortured to death. The police allegedly offered his wife payment to remain silent about the death while officially attributing the death to epilepsy. The City Police Commissioner was said to have arrested a superintendent of police in connection with the incident, but he was released on bail the following day. The Government replied that the case was still

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