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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