Honr'ble District Court of Delhi has ordered S.D.O.E & M to give death compensation to the wife of a deceased.

The Petitioner Babita Kumari is a widow of late Richpal singh, a workman who was employed by S.D.O.E & M, Ordinance Depot, Shakur Basti, Delhi. While working at ordinance depot Shakur Basti, he was assigned work with an electrician on 25th October 2002 and asked by the electrician to go up on the pole to attend something which was beyond the scope of duty of Richpal Singh. As a result he got electrocuted while working and fell down the pole and died on spot. Richpal Singh was deaf and dumb person and his average monthly wages amounted to Rs. 4500.

Notice of death of the deceased was not served on time due to the fact that applicant is physically disabled person and is certified to be 50% and permanently disabled. Petitioner is a poor lady with two dependent and was dependent on the deceased for her survival. After the death of the deceased she wanted to file a claim for compensation with S.D.O.E & M, ordinance depot and also wanted to pursue the criminal complaint against the employee. But she was told that if she claimed compensation and pursued criminal prosecution then the Petitioner would not be given compassionate appointment in place of her husband and therefore she did not pursue the same. But even after 4 years and 3 months of the husband death the Petitioner was not given compassionate appointment in place of her husband. The applicant was entitled to receive a lump sum payment of Rs. 3,70,840.00 multiplied by 18417 (relevant factor under Schedule IV of the Workmen’s Compensation Act) + 2500 (towards expenditure on funeral of the Workman under Section 4(4) of the Workmen’s Compensation Act, 1923).

Now, the Honorable District Court of Delhi has given its judgment, to compensate the Petitioner and directed as follows:

In the given age and wage, the petitioner is entitles to death compensation of Rs. 3, 68,340/-.The applicant is also entitled to as per Section 4 A interest @12% per annum from the date 30 days after the accident, i.e. 25.11.2002 till realization. She is also entitled for funeral charges of Rs. 2500/-. In order accordingly for the payment of interest.

Respondent is directed to deposit the amount of death compensation along with interest and funeral charges with this court within 30 days from the date of this order failing which the same shall be recovered by way of land revenue.

The Governor of Assam and Chief Justice of Guwahati High Court assure positive steps for providing relief and rehabilitation as well as restoring the rule of law in conflict affected district, Karbi Anlong

The Human Rights Law Network (HRLN), an all-India organisation of lawyers and social activists, has sought Assam governor J.B. Patnaik’s intervention to facilitate the safe return of people displaced by recent Karbi-Rengma clashes to their homes.

After visiting the areas affected by clashes in Assam’s Karbi Anglong district, a six-member fact-finding team of the HRLN met Patnaik here last evening and submitted its recommendations which include creating a conducive atmosphere for the relief camp inmates to return home.
According to them, thousands of people are still waiting in the camps fearing a fresh bout of violence. The members of the HRLN team said during their visit the relief camp, the inmates had expressed unwillingness to return home because of a lack of security.

A senior lawyer of Sikkim High Court, Doma Bhutia, who was a member of the fact-finding team, told The Telegraph that Patnaik had assured them that all necessary security measures would be taken. “The governor also told us that he would visit the affected areas shortly to get a first-hand feel of the situation,” she said.
“The Assam government has set a January 20 deadline to send all relief camp inmates home, but a majority of them are reluctant as they are apprehensive about their security,” Bhutia said.

“They have told us that police and civil administration have failed to avert trouble despite giving them prior intimation that such a situation may arise. As a result, these people have lost faith in the government.”
The fact-finding team, comprising Bhutia, Sanjai Sharma, Satya Sagar, N. Sukumaran, Rosemary Dzuvichu and Samhita Baruah, visited Diphu, Santipur and Chowkohola areas in Karbi Anglong from January 14 to 18.
During their visits, the team members met officials and police officers, relief camp inmates and members of civil society groups, among others.

In its recommendation, the HRLN has suggested separation of executive and judiciary in Karbi Anglong. At present, the deputy commissioner is also district and sessions judge which, according to them, has put extra burden on him hampering smooth discharge of his official duties.

The members also submitted their recommendations to chairperson of Assam State Legal Service Authority and judge of Gauhati High Court Justice T. Vaiphei here yesterday.

According to official figures, 3,770 people displaced in the recent violence are sheltered in the relief camps, but according to the HRLN, the total number of people displaced is much higher as many of them are staying in the homes of friends and relatives.

SC commutes death sentences of 15 Convicts, due to delay in mercy plea decisions

The Petitioner has filed a writ petitions, under Article 32 of the Constitution of India, which has been filed either by the convicts, who were awarded death sentence or by their family members or by public-spirited bodies like People’s Union for Democratic Rights (PUDR) based on the rejection of mercy petitions by the Governor and the President of India.

In all the writ petitions, the main prayer consistently relates to the issuance of a writ of declaration declaring that execution of sentence of death pursuant to the rejection of the mercy petitions by the President of India is unconstitutional and to set aside the death sentence imposed upon them by commuting the same to imprisonment for life. Further, it is also prayed for declaring the order passed by the Governor/President of India rejecting their respective mercy petitions as illegal and unenforceable.

The Honorable Supreme Court held that death sentence of a condemned prisoner can be commuted to life imprisonment on the ground of delay on the part of the government in deciding the mercy plea. In a landmark verdict that can come as a relief to many death row convicts.

Giving life term to 15 death row inmates, including four aides of forest brigand Veerappan, the apex court also ruled that a death convict suffering from mental insanity and schizophrenia cannot be hanged.

It overruled its own verdict in Khalistani terrorist Devinderpal Singh Bhullar’s case in which it had held that delay in deciding mercy plea cannot be a ground for commutation of death sentence.

The Court said Death sentence in such cases can be commuted to life imprisonment on the ground of their mental illness. The judgment may have implications in various cases, including the petitions filed by three death row convicts in the Rajiv Gandhi assassination case who have challenged the President’s rejection of their mercy plea less than three years ago. Framing guidelines on disposal of mercy petitions and execution of death sentence, a bench headed by Chief Justice P. Sathasivam ruled that convicts given death sentence must be informed about the rejection of their mercy pleas and should be given a chance to meet their family members before they are executed.

It also held that solitary confinement of a prisoner, including death row convict, is unconstitutional and it should not be allowed in the prisons. The bench gave its verdict on a batch of petitions filed by 15 death row inmates seeking its direction for commutation of their sentence to life term on the grounds of delay in deciding mercy plea and mental illness. It also said that execution of death sentence should be carried out only 14 days after rejection of the mercy plea. The apex court also said that the prison authorities must provide legal aid to prisoners facing death sentence so that they can approach courts for commutation of their sentence on the ground of their illness and delay in deciding mercy plea by the government.

Pronouncing its judgment on 13 petitions filed by the 15 convicts whose execution of sentence had been stayed by the apex court, the three-judge bench clarified that its directions be implemented in all cases whether a person has been convicted under IPC or the anti-terror law. The issue of communication of rejection of mercy plea assumes importance in view of the controversy surrounding the execution of Parliament attack case convict Mohd Afzal as there was allegation that his family members were not properly communicated about the dismissal of his plea and subsequent hanging.

Earlier, a two-judge bench in April 2013 had held that long delay in disposing of mercy pleas by the President or the governor of persons convicted under anti-terror laws or similar statutes cannot be a ground for commutation of death sentence. The April 12, 2013 ruling was pronounced while rejecting Bhullar’s plea for commutation of sentence on ground of delay in deciding his mercy plea. At that time, there were over 20 convicts facing execution.

Later on, an apex court bench had granted relief to a condemned prisoner M.N. Das who had sought conversion of his death sentence to life imprisonment on the ground of delay in deciding his mercy petition. Justice Sathasivam, before taking over as CJI, had said that there was a need for “authoritative pronouncements” by a larger bench or a Constitution Bench on issues like mercy pleas to avoid conflicting views by smaller benches.

The 15 death row inmates on whose pleas the apex court delivered its verdict are sandalwood smuggler Veerappan’s aides and others. The other death row convicts included Suresh, Ramji, Gurmeet Singh, Praveen Kumar, Sonia and her husband Sanjeev, Sundar Singh and Jafar Ali convicted in various cases. While Suresh, Ramji, Gurmeet Singh and Jafar Ali are lodged in prisons in Uttar Pradesh, former Haryana MLA Ralu Ram Punia’s daughter Sonia and her husband Sanjeev are jailed in Haryana. Praveen is in a Karnataka jail and Sundar Singh is an inmate of a prison in Uttaranchal.Sonia and Sanjeev were awarded death penalty for killing eight members of her family, including her parents and three children of her brother in 2001.Gurmeet Singh was convicted for killing 13 of his family members in 1986. Jafar Ali murdered his wife and five daughters. Suresh and Ramji killed five of their relatives.

HRLN has filed a Special Leave Petition on behalf of thousands of innocent People who suffers illegal incarceration

The Petitioner had filed a Special Leave Petition against the impugned order of the High Court of Calcutta in Writ Petition No. 26112 of 2013 dated 30.08.2013.

This petition has been filed in the public interest against the state of West Bengal for and on behalf of thousands of persons who suffer illegal incarceration for varying periods of time without ever being charged with any offence on account of the police and magistrate’s illegally detaining such persons only under the provisions of sections 107, 109 and 151 Cr.P.C. These persons were in jail for days and sometimes months and then released without any criminal proceedings instituted against them.

Not only were these proceedings contrary to the abovementioned sections which speak only of execution of a bond and do not permit arrest solely on the basis of these sections of the Cr.P.C., additionally these arrests were contrary to the decision of the Supreme Court in Madhu Limaye Vs. Ved Murti (AIR 1971 SC 2481) where the Supreme Court held as under:

“…we have seen the provisions of section 107. That section says that action is to be taken in the manner hereinafter provided and this clearly indicates that it is not open to a Magistrate in such a case to depart from the procedure to any substantial extent. This is very salutary because the liberty of the person is involved and the law is rightly solicitous, that this liberty should only be curtailed according to its own procedure and not according to the whim of the Magistrate concerned. It behoves us, therefore, to emphasize the safeguards built into the procedure because from there will arise the consideration of the reasonableness of the restrictions in the interest of public order or in the interest of the general public.”

In the present petition, in addition to the prayers sought for in the Writ petition filed at the High Court of Calcutta, the petitioner has also sought for additional directions against the respondents. The directions are as under:

Issue a Direction upon the Respondent (R-1), their men, agents and subordinates to immediately identify persons detained in the correctional homes of the State in connection with proceedings arising out of Section 107 and/or Section 109 Criminal Procedure Code, 1973 and forthwith release them and/or set them at liberty;
Issue a Direction upon the Respondent (R-1), their men, agents and subordinates to ensure that no person is made to suffer imprisonment in connection with proceedings arising out of and/or invoking the provisions of Section 107 and/or Section 109 and/or Section 110 of the Criminal Procedure Code, 1973 in the absence of any further substantive charges against them, and thus to ensure that no person is denied of his right to liberty;
For an order directing an enquiry by an independent person into the prevailing system of registered sureties in the state of West Bengal and thereafter to dismantle the system of registered sureties;
For an order directing all the Criminal Courts in the state of West Bengal to ensure that the Court orders are written only by authorized Court staff/judicial officers and that in no circumstance should personnel be associated with the writing of court orders:
• Issue a direction directing the Sub-divisional Magistrates and/or the Executive Magistrates in the State of West Bengal to release persons upon furnishing personal bonds who are incapable to bring or produce sureties in proceedings arising out of Section 107 and/or Section 109 Criminal Procedure Code, 1973;
• Issue a Direction directing the Sub-divisional Magistrates and/or the Executive Magistrates in the State of West Bengal prohibiting them from passing directions requiring attendance of a person at the police station subsequent to his furnishing the requisite bond in proceedings arising out of Section 107 and/or Section 109 Criminal Procedure Code, 1973;
• Issue a Direction upon the Respondent (R-1), their men, agents and subordinates to suitably compensate persons detained in the correctional homes of the State in connection with proceedings arising out of Section 107 and/or Section 109 Criminal Procedure Code, 1973;
• Issue a Direction upon the Respondent (R-1), their men, agents and subordinates to ensure, by way of continuous monitoring and regular check in all the correctional homes that whenever a person is brought into any correctional home in the State, in connection with proceedings arising out of Section 107 and/or 109 of the Code of Criminal Procedure, is immediately referred to the concerned District Legal Services Authority and/or the Sub-divisional Legal Services Authority and/or any other voluntary and non-governmental legal aid authorities for their immediate release;
• Issue a Direction upon the Respondent (R-1) to ensure that persons detained by the police in connection with proceedings arising out of Section 107 and/or 109 of the Code of Criminal Procedure are immediately expressly informed about their right to legal aid and to forthwith notify the concerned District Legal Services Authority and/or the Sub-divisional Legal Services Authority for rendering free legal services;
• Issue a direction directing the Sub-divisional Magistrates and/or the Executive Magistrates in the State of West Bengal to expressly inform all persons, brought before the authority in connection with proceedings arising out of Section 107 and/or 109 and/or 110 of the Code of Criminal Procedure, about their right to legal aid and to consult and be defended by a legal practitioner and to forthwith notify the concerned District Legal Services Authority and/or the Sub-divisional Legal Services Authority for engaging a Lawyer;
• Issue a Direction upon the Respondent (R-1) to ensure that all the District Legal Services Authorities and the Sub-divisional Legal Services Authorities take immediate steps for engagement of a Lawyer whenever such request is made either by the concerned Executive Magistrates and/or by the Police to represent a person detained in proceedings arising out of Section 107 and/or 109 and/or 110 of the Code of Criminal Procedure;
• Issue a Direction upon the Respondent (R-1) to ensure that all persons arrested or detained in connection with proceedings arising out of Section 107 and/or 109 and/or 110 of the Code of Criminal Procedure are mandatorily produced before the concerned Executive Magistrate in person;

HRLN Law Interns filed a PIL to compensate the Acid Attack Survivor in the High Court of Allahabad

The PIL was filed by law interns associated with the Human Rights Law Network. Hearing public interest litigation (PIL), the Allahabad High Court has asked the state government whether it had any scheme to compensate acid attack victims in the state.

Passing the above order, a division bench comprising Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Sanjay Mishra directed the state government to inform the court whether or not it had any scheme to compensate the acid attack victims in accordance with the provisions of section 357 of CrPC. The court further directed that if such a scheme was not there till date, the state government should ensure that it was made at an early date.

The petitioners, Ayushi Dubey and nine other law students, raised the matter of acid attack on a student and her mother in Badlapur, Janpur district, and sought the court's intervention for ensuring proper treatment and compensation to the victims and their rehabilitation on the one hand and police action against the accused on the other.

The court directed the respondents to ensure that due medical care was provided to the victim and her mother.

HRLN has filed a PIL to appoint an enquiry in the Matter of custodial death in Ghaziabad

The Petitioner has filed a PIL against the State of U.P which relates to the worst crime of society governed by rule of law called as custodial death of Shakeel at Police Station Kavi Nagar, District Ghaziabad who was a Son of Khalil Ahmad, and was a resident of Ward No. 2, Yaseen Garhi, Dasna, at Police Station Kavi Nagar, District Ghaziabad.

The Petitioner’s organization is a registered organization who is working in the State of Uttar Pradesh for the preservation, protection and promotion of Human Rights and especially for the rights of those peoples who were subjected to cruel discrimination for the centuries due to social backwardness and in economic disparity.

It is, therefore, Most Respectfully Prayed that this Hon’ble Court may be pleased to:-

·     Issue a writ, order or direction in the nature of MANDAMUS commanding the State Human Right Commission to appoint an enquiry into the matter of the custodial torture and death of Shakeel, S/o Khalil Ahmad, R/o Ward No. 2, Yaseen Garhi, Dasna, Police Station Kavi Nagar, District Ghaziabad by the police of Police Station Kavi Nagar, District Ghaziabad and other constables in Police Station Kavi Nagar U/s 17 of Protection of Human Right Act, 1993 and submit its report before this Hon'ble Court in stipulated time.

·         Issue a writ, order or direction in the nature of MANDAMUS directing an independent, impartial enquiry to be conducted by any retired District Judge of the State for submitting its report before the Court in a stipulated time.

·        Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondent No. 1 & 2 to furnish the record all custodial torture, custodial death and custodial rape in Police Stations, Police Lines and Police Outposts, Lock-ups in Uttar Pradesh for the last one year.

·        Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondent No. 1 to pay adequate compensation to the family members of the deceased Shakeel, S/o Khalil Ahmad, R/o Ward No. 2, Yaseen Garhi, Dasna, Police Station Kavi Nagar, District Ghaziabad.

·         Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to initiate the departmental and disciplinary proceeding against the police personnel of Police Station Kavi Nagar, District Ghaziabad who are responsible for the custodial death of Shakeel.

National Consultation on Improving Criminal Legal Aid in India

Article 21 of the Indian Constitution, which guarantees every citizen ‘the right to life’, has been interpreted by the Supreme Court to include the provision of free criminal legal aid to every indigent person[1]. The Legal System in India, although rich in many ways, is still a nightmare to several in prisons who seek justice through it. The inaccessibility of the poor to lawyers, an almost absent pro-bono culture, the complexity of the system, the inordinate delays, the lack of adequate legal training, corruption and a failure to implement the law, are some of the problems that the system is riddled with. Yet, in the midst of these, we must believe that systemic change is possible.

A 2012 year-end report of the National Crime Records Bureau, Ministry of Home Affairs, has held 66.2% of various types of prison inmates to constitute ‘under trials’. In the State of Bihar, at the end of 2012, there were 24,389 under trial prisoners and 4108 convicted prisoners in prisons across the State. These Statistics speak volumes for the lack of access to Legal Aid.According to Mr. Alexander Jacob, Ex - Director General of Prisons and Correctional Services, Kerala, at least 20 percent of Prison inmates are not guilty and behind bars due to lack of access to Legal Aid.
There is an acute need to bring in mechanisms to encourage lawyers to provide Legal Aid, either privately or through the government system. Reform in the access to Criminal Legal Aid will be vital in ensuring two equally footed lawyers present a fair trial.

In April 2013 Human Rights Law Network organized a National Consultation on Prisons Legal Aid at the conclusion of which it was commonly agreed upon that steps would be taken to increase the access to legal aid, protection of inmates, improve prison conditions of women and children and bring about reforms in prisons. This fuelled filing of a PIL in the Supreme Court with regard to prison reforms and 2 PILs in the Allahabad High Court have been filed along with a Writ Petition in the High Court of Calcutta seeking to reform conditions of women and children in prisons and to increase the protection of inmates in jails.
An area that still requires attention and immediate reform is in the system of legal aid being offered in the country to prison inmates. HRLN along with JVI is organizing a National Consultation on Improving Criminal Legal Aid in India.

The National Consultation on Improving Criminal Legal Aid in India seeks toforge a strong network of Lawyers, Social Activists, NGOs, Government Agencies and other relevant stakeholders to increase the access to quality Legal Aid for prisoners across the Country.
In keeping with the above vision, the National Consultation will discuss the following themes:
I. Access to Legal Aid
a. Legal Aid at the time of Arrest
b. Legal Aid for Women
c. Legal Aid for Under trials
d. Legal Aid in appeal/sentencing
II. Legal Aid in Special Circumstances:
a. Juveniles
b. Mental Health
c. Foreigners
d. Conflict Zones
III. Pro Bono Legal Aid
a. Advocacy of Pro – Bono practice among lawyers
b. Legal Aid cells in College
c. Legal Aid Clinics
IV. Increasing access to quality Legal Aid
a. Ensuring Access to Prisons for Lawyers
b. Ensuring Economic Sustainability with regard to Legal Aid
V. Duties of the Lawyer:
a. High Standards and Training of Lawyers
b. Accountability of Legal Aid Lawyers
VI. Reforms in the LSA:
a. The current state of the L.S.A.
b. Reforms required
c. Means of bringing about reform

The Consultation will comprise resource persons who will throw light on the current state of affairs, recent developments in law and policy, and recent developments in case law followed by a 45-minute interactive session which will outline steps on how to move forward in each area. It is hoped that the Consultation will lead to the formation of a strong network of individuals and organizations that will increase the access to free legal aid through qualitative legal support and assistance to prison inmates in the country