2019 murder of dera follower in Nabha Jail: PSHRC recommends FIR against inmates

PSHRC has also recommended a compensation of ₹5 lakh to the family of the deceased. The order was passed by PSHRC chairperson, justice Sant Parkash and member justice Nirmaljit Kaur

Punjab State Human Rights Commission (PSHRC) has recommended an FIR against inmates involved in the murder of Mohinder Pal, a Dera Sacha Sauda follower and an accused in a sacrilege case, in Nabha Jail in 2019.

Punjab State Human Rights Commission

PSHRC has also recommended a compensation of ₹5 lakh to the family of the deceased. The order was passed by PSHRC chairperson, justice Sant Parkash and member justice Nirmaljit Kaur.

The incident in question occurred on June 22, 2019, when Pal was attacked by two fellow inmates while incarcerated at the New District Jail in Nabha. He had been admitted to the jail on October 6, 2018, in connection with FIR under sections 295-A of the Indian Penal Code (IPC), 25, 54 and 59 of the Arms Act, and 13(1)/17(4) of the Unlawful Activities (Prevention) Act at the City Kotkapura Police Station. Pal was seriously injured in the attack and was rushed to the Civil Hospital in Nabha, where he was declared brought dead.

The PSERC invoked its authority under Section 2(d) of the Protection of Human Rights Act, 1993, to initiate an investigation. Subsequently, the commission requested reports from various authorities, including the state government, the district magistrate of Patiala, and the superintendent of the New District Jail, Nabha, all of which have been received.

A judicial inquiry, conducted by judicial magistrate 1st class, Patiala, revealed that the victim’s father had expressed concerns about his safety while in custody. He alleged that the jail authorities failed to provide him with adequate security. The chemical examination report ruled out poisoning as the cause of death and as per the final cause of death report, it was confirmed that Pal succumbed to a head injury leading to shock, which was ante-mortem in nature.

The preliminary inquiry report by judicial magistrate 1st class indicated that Pal had been murdered by fellow inmates, and there was negligence on the part of the jail authorities regarding his security. A final inquiry report, following the receipt of the chemical examination report, reiterated these findings and attributed the fatal attack to specific inmates, Gursewak Singh alias Bhoot and Maninder Singh alias Jhumma.

The superintendent of the central jail, Ludhiana, who was also in-charge of the Nabha jail at the time of the incident, denied negligence on the part of the jail authorities. He stated that the attack was spontaneous and that Pal had left his ward without permission.

Following these inquiries, disciplinary actions were taken against certain individuals. Warder Major Singh was found guilty of grave negligence and was penalised with the stoppage of three annual increments with cumulative effect and suspension. On the other hand, PESCO security guard Lal Singh was absolved of negligence and charges against him were dropped.

In light of these findings and actions taken, the PSHRC recommended that the state government should provide compensation of ₹5 lakh to the next of kin of the deceased, Mohinderpal Singh alias Bittu, as a measure of redress for his custodial death. An FIR should be registered against the inmates found prima facie involved in the murder, if not already registered, the order further stated.